THE HON’BLE SRI JUSTICE V.V.S. RAO CRIMINAL PETITION No.6213 of 2008 July 09, 2010 Between: M.Gopala Krishna Yadav, S/o.M.Ramulu … Petitioner AND The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad And another … Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO CRIMINAL PETITION No.6213 of 2008 ORDER: Petitioner is the sole accused in crime No.61 of 2008 of P.S. Pangal in Mahabubnagar District under Section 379 of Indian Penal Code, 1860. Second respondent who is correspondent of Andhra Jyothi Telugu News daily in the Village lodged report on 15.9.2008 alleging that his driver took the tractor engine on some job work leaving the trailor in front of his house. Taking advantage of the absence of inmates of house, trailor was stolen and some of the Villagers saw Muntha Gopala Krishna (petitioner herein) taking away the trailor. Based on the same, crime was registered and investigation was taken up. Praying this Court to quash the crime, present criminal petition is filed. This Court heard the counsel for petitioner, the Public Prosecutor for the State and the counsel for second respondent. On instructions, the Public Prosecutor submits that the trailor of second respondent was recovered by IV-Town P.S. Kurnool based on confessional statement made by petitioner. Be that as it is, at this stage the ingredients of offence of theft are found in the report lodged by second respondent and, therefore, the petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.PC), is misconceived. The counsel for petitioner sought to place before this Court additional material. If the Court while considering the petition under Section 482 Cr.PC comes to any conclusion from the material available on record, it would amount to rendering the criminal justice administration process an empty formality. Section 482 of Cr.PC is not meant for the same. Petitioner has to raise all the defences before the Criminal Court. The criminal petition is misconceived and is accordingly dismissed. _______________ (V.V.S.RAO,J) July 09, 2010 YS