THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.4885 of 2009 Dated:- 13th October, 2011 Between Syed Khader Basha …Petitioner AND State of A.P. and another …Respondents THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.4885 of 2009 ORDER:- This petition is filed to quash the proceedings in FIR No.479 of 2008 dated 01.10.2008 on the file of the Station House Officer, Gajuwaka Police Station, Visakhapatnam District. 2. The second respondent is the de-fact complainant. He lodged a complaint with the police, Gajuwaka, alleging that on 23.09.2008, he loaded the lorry bearing registration No.AP-04-V-5684 with 16825 Kgs of Iron Rolls at M/s.Block Gold Pvt. Ltd., Etanagar, Autonagar, ‘D’ Block, Visakhapatnam. Dealer challan and invoice from the said company was handed over to the driver of the said lorry – Md.Mahaboob Basha, S/o.Rahmatullah, Door No.2- 1100, Nagarajupeta, Kadapa District. The said lorry was engaged by the de-facto complainant to transport the above said Iron Rolls to ‘Devaki Ispat Limited’ situated at Sanathnagar, Hyderabad. Since the lorry did not reach its destination, i.e., Sanathnagar, Hyderabad, the personnel of M/s.Black Gold Pvt. Ltd, made a call to the de-facto complainant and on enquiry by the de-facto complainant, it was found that the lorry with the load of iron rolls crossed Yelamanchili – Narsipatnam Road Toll Gate and it is recorded. Thus, suspecting that the driver of the lorry had deceived him by selling the said material to somebody else in the middle of the way, the de-facto complainant lodged a complaint with the police. 3. The settled legal principle is that whether in a case, the allegations made in the FIR, though accepted as true, did not make out a case against the accused, then only the proceedings can be quashed. The truth or otherwise of the allegations made in the FIR or in the charge-sheet cannot be gone into at this stage. The probability of securing conviction also cannot be verified at this stage. The issue whether the petitioner had sold away the material in the middle of the way without delivering the same at the destination or not cannot be decided in a petition filed under Section 482 Cr.P.C. and it is for the trial Court to decide the same. On a plain reading of the FIR, it cannot be said that the ingredients of the alleged offices have not been made out. I do not see any reason to quash the proceedings. 4. Accordingly, the criminal petition is dismissed. _________________________ Justice B.Chandra Kumar 13th October, 2011 Bvv