1 Criminal Application No.4507/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4507 OF 2010 Bhausaheb s/o Sadhu Chavan ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri Ravindra Nirmal, Advocate for the applicant Shri K.M. Suryawanshi, A.P.P. for respondent No.1. Shri D.S. Manorkar, Advocate for respondent No.2. ..... CORAM : K.U. CHANDIWAL, J. DATE : 31st January, 2011 PER COURT : 1. Heard. Prosecution, vide Crime No.I-47/2010, dated 4.3.2010, registered at M.I.D.C. Waluj Police Station, District Aurangabad for an offence under Sections 420 and 407 of the Indian Penal Code, is questioned and sought to be quashed by the transporter, at whose instance the vehicle was hired for transporting the material from Aurangabad to its destination at Kolhapur. 2. The counsel submits, there is delay of 43 days in the exercise, whatever the photostat copies of the vehicle No.MH-04- CP-4585 were transmitted to the complainant and consequently, no fault can be attributed to the accused/ applicant. 2 Criminal Application No.4507/2010 3. Though the submissions are cozy in nature, however, primarily, difficult to digest. It was the basic requirement of the applicant as a transporter to verify genuineness of the vehicles, which he was providing for transporting to the destination. Having not complied this basic adherence, the mishap of loss of goods of Rs.11,00,000/- to Rs.12,00,000/- had taken place. The complainant has attributed callousness to the accused/ applicant with the mishap or theft of the vehicle giving a colour also of misappropriation of the goods transported. At this stage of the matter, roving enquiry cannot be conducted. The scope of Section 482 of the Criminal Procedure Code does not call for exercise in peculiar facts as primarily there appears to be involvement of the accused in the activities. Consequently, application lacks merits, dismissed. 4. Observations are prima facie in nature. K.U. CHANDIWAL JUDGE fmp/cri4507.10