THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.4886 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.4886 of 2009 ORDER:- This petition has been filed to quash the proceedings in FIR No.244 of 2008 on the file of the Station House Officer, Guntur Rural Police Station, Guntur Town and District. 2. The second respondent is the de-facto complainant. He lodged a complaint with the police that on 23.09.2008, he along with his clerk namely Srinivasa Rao, went to Patukuru Road Shanker Transport Agency and engaged a lorry bearing registration No.AP-04-5684 for transportation of Bengal Gram to Vizianagaram. Then, he loaded the said lorry with 300 bags of Bengal Gram and obtained necessary bills from VVR Cold Storage, way bill, Agricultural Market Committee Receipts etc., and handed over the same to the driver of the lorry. The empty lorry was got weighed at Saiteja Weigh Bridge and then the lorry was loaded with 20 tonnes of Bengal Gram. The said lorry was supposed to reach Vizianagaram in the morning of 29.09.2008, but it did not reach Vizianagaram till 18.10.2008, i.e., till the date of lodging of complaint with police. Then the matter was enquired with said Shanker Transport Agency and they gave the contact number of the owner of the lorry as 9958343728. The de-facto complainant’s further case is that when they contacted the said cell number, they were informed that the said lorry was at Eluru and repairs were being attended to it. On the next day also the lorry did not reach Vizianagaram. Again when the de-facto complainant tried to contact the said cell number, his investigation revealed that the said lorry did not pass through the toll gates. 3. The remand report of the Sub-Inspector of police, Guntur Rural Police Station, reveals that the petitioner is shown as accused No.2 and that after investigation, the police deleted the names of the proprietor of Shanker Transport Agency, driver of the lorry – Mohd. Basha and S.Mahaboob Basha, the registered owner of the lorry, from the list of accused and their investigation further revealed that A-1 – Bana Srinivasa Reddy, A-2 – Syed Khader Basha, A-3, A-4 and others have committed the alleged offences. 4. Be that as it may, the truth or otherwise of the allegations 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. On a plain reading of the complaint lodged by the de-facto complainant, it cannot be said that the ingredients of the alleged offences have not been made out. I do not see any reason to quash the proceedings. 5. Accordingly, the Criminal Petition is dismissed. _________________________ Justice B.Chandra Kumar 13th October, 2011 Bvv