THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No. 9159 OF 2010. O R D E R : Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the State. This Criminal Petition is filed under section 482 Cr.P.C., seeking to quash the entire proceedings in CC.No.180 of 2009 on the file of the Court of III-Additional Judicial Magistrate of First Class, Kakinada, East Godavari district. The facts, which are not in dispute are that the petitioner is the proprietor of Sri Veerabhadra Swamy Binny Rice Mill and he is also carrying on business under the name and style, “Tirumala Enterprises”, Wardhannapet, Warangal district. The petitioner has been carrying on business in paddy and rice. While 100 metric tonnes of rice was being transported on a lorry bearing Regdn.No. AHF-3969 and on the way to Samalkota to Rajahmundry, it was intercepted by the Inspector of Police, Vigilance and Enforcement Department, Rajahmundry with his team and a case was registered against the petitioner for the offences under sections 406 and 420 IPC. The entire case is rested on the fact that the rice which were being carried on the lorry at the instance of the petitioner is the rice purchased from the labourers and the said rice relates to Food for Work Programme. As rightly contended by the learned counsel for the petitioner that even if the entire allegation is believed, since there is no entrustment of the rice by any authorities of the Government to the petitioner, the offence under section 406 IPC is not attracted. Similarly even if the rice was purchased from the labourers , it does not attract the offence of cheating provided under section 420 IPC. If a case of this nature is allowed to continue on the file of the learned Magistrate, it results in undue harassment to the petitioner and also it is nothing but abuse of process of law. For the reasons aforementioned, the entire further proceedings in CC.No.180 of 2009 on the file of the Court of III-Additional Judicial Magistrate of First Class, Kakinada, West Godavari, are hereby quashed. The Criminal Petition is accordingly allowed. JUSTICE R.KANTHA RAO 17/09/2010 I s L THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRL.PETITION No. 9159 OF 2010 17-09-2010 I s L