THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.5409 of 2010 9th November, 2011 Between :- Kunchala Ramesh @ Amosh .. Petitioner And The State of A.P., Rep.by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad .. Respondent THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.5409 of 2010 ORDER:- This Criminal Petition has been taken out by A.2 – Kunchala Ramesh@ Amosh in Crime No.250 of 2007 of Visakhapatnam City III Town P.S., Visakhapatnam District, to quash the First Information Report therein. A report came to be presented by Smt.Mandava Charita, W/o.Prasannanjaneyulu on 13-3-2007 before the Station House Officer, III Town P.S., Visakhapatnam city, alleging inter alia some unknown persons committed theft of her handbag containing a sum of Rs.30,000/- cash, HDFC Debit Card, City Bank Credit Card, PAN card, Driving License, Cell phone (Nokia, 6270). Basing on the said report, a case in Crime No.250 of 2007 came to be registered. During the course of investigation, the police arrested the accused and seized incriminating material relating to the crime from their possession. Hence, this petition by A.2 with the prayer stated supra. Heard learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the respondent- State. Learned Counsel appearing for the petitioner submits that confessional statement cannot be the basis for continuing the proceedings against the petitioner in Crime No.250 of 2007 and therefore the petition deservers to be allowed. Learned Additional Public Prosecutor representing the respondent-State submits that the petitioner is a habitual offender and is involved in various crimes. The question whether the confessional statement can be the basis for recording conviction is beyond the scope of the petition filed under Section 482 Cr.P.C. Acceptability of the confessional statement is exclusively within the domain of the Trial Court. Therefore the Criminal Petition is devoid of merits and accordingly the same is dismissed. As sequel to it, interim stay granted on 23-6-2010 is hereby vacated. ________________________ B.Seshasayana Reddy, J 9th November, 2011 smr