THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.4426 of 2010 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C to quash the proceedings in Crime No.173 of 2009 registered by the Police of Nagari Police Station, Chittoor District, for the offences punishable under Sections 41 and 102 Cr.P.C. The main contention of Sri P.Jagadishchandra Prasad, learned counsel for the petitioner is that from a perusal of the police proceedings dated 20.12.2009 it cannot be said that the provisions of Sections 41 and 102 Cr.P.C are attracted. In the light of the said submission, this Court looked into the said proceedings dated 20.12.2009 drafted by the Sub Inspector of Police, Nagari Police Station. It may not be necessary to refer the entire proceedings drafted by the Police on 20.12.2009. It is apt to refer to the particular paragraph of the said proceedings, which reads as under: “Then, I handed him over to my staff, took PC.2182 Y.Prasad and when interrogated, he has stated his name as Y.Prasad, age 47 years. I am working in Nindra Police Station and residing in the government quarters at Nagari. I knew well from the past so many years one Karaantapuram Subramanyam and Ainambakam Suresh who are red sanders smugglers i.e., from the days while I was working in Nagari Police Station. They used to borrow money from me for their needs and will be returning the amount. Today i.e., on 20.12.2009 evening at about 03.45 p.m. both of them came to my house and asked for money and, I gave them Rs.50,000/-. I came down with them and, while we were preset at the car, you came here. On seeing you, when we attempted to escape, we were caught by you.” Having considered the above paragraph, this Court is of the view that it cannot be said that the said contents attracts the provisions of Sections 41 and 102 Cr.P.C. Therefore, the proceedings in Crime No.173 of 2009 registered by the Police of Nagari Police Station, Chittoor District, for the offences punishable under Sections 41 and 102 Cr.P.C. are hereby quashed, insofar as the petitioner herein is concerned. The Criminal Petition is accordingly allowed. __________________________ GOPALA KRISHNA TAMADA,J Date: 21.12.2010 va