THE HON’BLE SRI JUSTICE R.KANTHA RAO CRL. PETITION No. 10039 of 2010. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the entire proceedings in C.C.No. 403 of 2010 on the file of the II Additional Judicial First Class Magistrate, Khammam in so far as the petitioner/A.4 is concerned. I have heard the learned Counsel appearing for the petitioner/A.4 and the learned Additional Public Prosecutor representing the State. The case of the prosecution is that A.1 to A.3 gained entry into Sri. Ramalingeshwara Swamy Temple at Mallannapalem of Khammam District in the absence of Priests and committed theft of idols of Lord Shiva and Goddess Parvathi and handed over them to the petitioner/A.4 for disposing them off. There are no eyewitnesses to alleged theft by A.1 to A.3. The property was recovered by the Investigating Officer from the possession of the petitioner/A.4 under a cover of panchanama in the presence of mediators. The learned Counsel for the petitioner would submit that even if the entire version of the prosecution is believed, there is nothing to indicate that the petitioner had knowledge that the idols are stolen property and therefore he cannot be prosecuted for the offence punishable under Section 411 IPC. As to the submission of the learned counsel for the petitioner, it can be said that the specific case of the prosecution is that the idols were entrusted by A.1 to A.3 to the petitioner/A.4 for disposing them off. If the prosecution could be able to establish the said fact, the petitioner can be made liable for the offence under Section 411 IPC. In any event, the factual aspects have be established by the prosecution during the course of trial by adducing evidence. I see no valid grounds to quash the proceedings against the petitioner merely basing on the argument of the learned Counsel that the petitioner had no knowledge that the idols are the stolen property. Accordingly, the criminal petition is dismissed. ______________________ R.KANTHA RAO,J 19.10.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO CRL. PETITION No. 10039 of 2010. ORDER: Dt. 19.10.2010.