IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.S.APPA RAO CRIMINAL PETITION NO.6131 OF 2008 Between : M/s. Amareswari Constructions and another. .... PETITIOERS/A.2 AND A.3 A N D The State of A.P. rep.by P.P. …RESPONDENT THE HON'BLE SRI JUSTICE K.S.APPA RAO CRIMINAL PETITION NO.6131 OF 2008 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed to quash the proceedings in C.C.No.249 of 2008 on the file of the I Additional Junior Civil Judge, Narasaraopet, Guntur District, for the offences punishable under Sections 406, 409, 420 read with Section 34 of the Indian Penal Code, 1860, on the ground that the petitioners / A.2 and A.3 are nothing to do with miss appropriation of Cement bags. 2. Now the point for determination is whether there are any grounds to quash the proceedings in C.C.No.249 of 2008 on the file of the I Additional Junior Civil Judge, Narasaraopet, Guntur District. 3. The case of the prosecution is that on 31.10.2007 at about 7.00 P.M., Tahsildar, Narasaraopet (M), received a phone call from an unknown person stating that Andhra Pradesh State Housing Corporation Limited Cement bags were utilizing in new constructions at Area Hospital, Narasaraopet. Then immediately, the Mandal Revenue Officer, proceeded to Narasaraopet Area Hospital for inspection. At the time of inspection, the material room kept for storing Cement bags belongs to Andhra Pradesh State Housing Corporation Limited, locked, on enquiry the duty Doctor and other staff members of Narasaraopet Area Hospital broke open the lock and found 314 cement bags, and the same were handed over to Deputy Engineer, Narasaraopet for safe custody and the Mandal Revenue Officer made a complaint with Narasaraopet Town and the same was registered as a case in Crime No.246 of 2007 on the file of the I Additional Junior Civil Judge, Narasaraopet, Guntur District. 4. It is an admitted fact that these petitioners/A.2 and A.3 have been awarded a contract for construction of the buildings in different areas. Out of which the petitioners have given construction of Area Hospital at Narasaraopet, for a value of Rs.37,61,274/- to A.1 for sub- contract and the same was reduced into writing on 31.01.2007 as per the rules. Admittedly, the contract was between these petitioners and the Government but not A.1. A.1 is a sub contractor under A2 and A3. If any latches on the subject matter of the contract, these petitioners are liable but not A1. As the investigation reads that A.2 and A.3 have also colluded with A.1. The police filed charge sheet against A.2 and A.3 also. The truth or otherwise of the agreement, dated 31.01.2007 and the liability if any by A.1 will be decided in due course of enquiry and after full-fledged trial. Therefore, any finding on the sub-contract as per the agreement, dated 31.01.2007 is premature. Therefore, there are no grounds to quash the proceedings. 5. Hence, the Criminal Petition is dismissed. __________________ K.S.APPA RAO, J MARCH 28, 2011. YVL