THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 4942 of 2011 ORDER: The present Criminal Petition is filed by the petitioner/A1 under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) to quash the proceedings in C.C. No.610 of 2010 on the file of the Judicial First Class Magistrate, Nuzvid, Krishna District for the offence under Section 420 of the Indian Penal Code, 1860 (for short “IPC”). On a complaint of sale of engine oil, some samples were said to have been drawn and they were sent for analysis and they are found to be spurious. Therefore, the prosecution was launched against the present petitioner and another. The learned counsel for the petitioners submits that there is no evidence about the seizure of the property and also the credibility of the seizure. In fact, as can be seen from the charge sheet, L.W.1 is said to be the consultant, from whose company the engine oil is said to have been purchased and sold and L.W.4 is the mediator, who spoke about the presence at the time of the seizure and L.W.5 is also mediator, who spoke about the seizure. Therefore, in view of the above circumstances, at this stage, it is difficult to hold that the mediators’ report or seizure is false. If there are any inconsistencies in the prosecution case, the accused can plead them during the trial, but it is not a case where this Court has to appreciate the evidence under Section 482 of Cr.P.C. Therefore, the Criminal Petition is dismissed as devoid of merits. ________________________ N.R.L. NAGESWARA RAO, J Date: 08-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 4942 of 2011 DATE: 08-07-2011 MR