HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6725 of 2008 Date:08.04.2011 Between: Kosuru Subba Rao ….Petitioner. And: The State of A.P., rep. by PP, High Court of A.P. …..Respondent. HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6725 of 2008 ORDER: This petition is filed under Section 482 Cr.P.C for quashing the proceedings in Crime No.85 of 2008 of Chellapalli Police Station, Krishna District. According to the petitioner, he is the A.1 in the above said crime and he is the Fair Price Dealer of Kosouruvaripalem, Mopedevi Mandal, Krishna District. On 29.8.2008, the police found one goods auto coming from Avanigadda to Challapally. On search of goods auto, they found 320 liters of Kerosene in the said goods auto. When they questioned, they alleged to have been confessed before the Police that they purchased the kerosene from the petitioner fair price shop. Basing on the confession, the police implicated the petitioner in the present crime. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner pleaded that the petitioner’s fair price shop was inspected by Tahasildar, Mopidevi Mandal on 30.08.2008 and found that there is no variation of kerosene stock and as such the involvement of the present petitioner in the above said crime only on the confession of the other accused and hence the criminal proceedings against the present petitioner is liable to be quashed. As per the record, the Crime was registered basing on the mediator report drafted on 28/29.08.2008 night at 1.30 p.m near R.T.C Bus shelter, Peddaprolu village, Mopidevi Mandal. As per the said mediator’s report, on the information received by the C.I., Challapalli Police Station, A.S.I and P.C.No.688 and his staff was waiting at the above mentioned place, a truck auto was coming with high speed from Avanigadda towards Challapalli and when the ASI and his staff stopped the auto, the two persons sat at front side and one person sat on the back side were trying to escape, the staff along with ASI stopped and questioned them whey they are going and asked about the tins in the auto by showing the identity as ASI and he replied that since two years they are working under Tungala China Babu Rao and as per his instructions, they will collect the kerosene from the dealer which kept in the tins and bring the same to Challapally in the said truck of Baburao. Therefore, from the above mediator’s report, the persons who are in possession of the kerosene had disclosed that they have purchased the same from the present petitioner. Admittedly, the present petitioner is Fair Price Shop Dealer at Kosuruvaripalem Mandal and the contention of the petitioner is that the Tahasildar has inspected the stock on 30.8.2008 and found that there is no variation in the stock and in support of his contention, he filed a Xerox copy of the particulars of the stock which show that the stock position up to 26.8.2008, but whereas the kerosene was seized on 29.8.2008. According to the petitioner, the Fair Price Shop was checked by the Tahasildar on 30.8.2008. However, the crime was only at the stage of the investigation and petitioner can as well produce the relevant records before the investigation agency to establish his innocence and simply because the crime was registered against him basing on the confession of the other accused cannot be a ground for quashing the proceedings at the stage of investigation as truth or otherwise has to be established during the course of investigation. Therefore, in the said circumstances, I hold that the petitioner is not entitled for quashing of the proceedings in Crime No.85 of 2008 of Chellapalli Police Station, Krishna District as prayed for. In the result, the criminal petition dismissed. _____________________ P.DURGA PRASADJ. Date:08.04.2011. Gk. HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6725 of 2008 Date:08.04.2011 Gk.