THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION NO.1718 OF 2010 ORDER: This Criminal petition under Section 482 Cr.P.C. is filed by one Raju Chohan - petitioner – accused seeking to quash the proceedings in Crime No.38 of 2009 of Tenali Railway Police Station, Nellore District, registered for the offence punishable under Sections 408 and 120(B) IPC. 2. Heard. 3. The alleged offence has taken place on 14.12.2008 and the complaint was given on 02.04.2009. The contention of the learned counsel for the petitioner is that while the petitioner, who was employed with the defacto complainant, was taking gold ornaments worth Rs.15 lakhs on the instructions of the defacto complainant- second respondent being delivered to some others, on the way those ornaments were stolen. Immediately, he reported the same to the complainant. Then, the complainant instructed him to come to his house and on his coming to his house, the complainant illegally detained and harassed him. Thereafter, by filing a petition under Section 97 Cr.P.C., the petitioner’s people got the petitioner relieved from the custody of the complainant. Thereafter, they filed a complaint against the second respondent for illegal custody and as a counterblast to the same, the second respondent has given this belated complaint. As such, the proceedings are liable to be quashed. 4. Even according to the petitioner-accused, the property in his custody was lost. Whether the property was lost or misappropriated is a question to be decided at the time of trial. As such, it is not a fit case for quashing the proceedings against the petitioner and as such, the delay in giving the complaint is of no consequence. 5. As according to the learned counsel for the petitioner, the petitioner was found in the custody of the defacto complainant, it is directed that the petitioner shall not be arrested till filing of charge sheet, if any. Investigation and consequential steps on the basis of result of investigation shall go on. 6. The Criminal Petition is disposed of with the above direction. ___________________ P. SWAROOP REDDY, J. 25th February 2010, Rns.