THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.4629 of 2009 Dated:- 13th October, 2011 Between Thata Venkata Deva Satyanarayana and others …Petitioners AND State of A.P. and others …Respondents THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.4629 of 2009 ORDER: - This petition has been filed to quash the proceedings in C.C.No.134 of 2006 on the file of the Additional Judicial First Class Magistrate, Yellamanchili. 2. The petitioners are the accused in the said case. The second respondent/de-facto complainant is the President of PACS, Lakkavaram. He lodged a complaint with the police, Yelamanchili (Rural) that the said society purchased 20 cents of land in Survey No.7/1A and when they proposed to construct a building and when the Mandal Surveyor was measuring the land, the first petitioner obstructed them. It is also his case that then they filed a civil suit in the Court of Munisif Magistrate, Yelamanchili and the said suit was decided in their favour and aggrieved by the same, the first petitioner preferred an appeal before the Sub Court, Yelamanchili, which was dismissed with costs. It is also his case that when the Society dumped the foundation stones worth Rs.500/-, on 11.03.2006 at about 10:30 AM, the petitioners herein have committed theft of those stones and transported the same to the house of G.Nageshwara Rao. Then the police, after completing investigation, laid charge-sheet. 3. The only contention of the learned counsel for the petitioners is that the petitioners never intended to commit theft and that the foundation stones were dumped near the Guest House of said G.Nageshwar Rao and the said fact is known to the second respondent/de-facto complainant and others. 4. Admittedly, the foundation stones were removed from the land said to have been purchased by the Society and were shifted to some other place. In such circumstances, it cannot be said that the ingredients of Section 379 IPC have not been made out. Whether the petitioners had any intention to commit theft or not cannot be gone into by this Court in a petition filed under Section 482 Cr.P.C. and it is for the trial Court to decide the same. 5. Accordingly, the Criminal Petition is dismissed. _________________________ Justice B.Chandra Kumar 13th October, 2011 Bvv