there was no cheating and there was no loss to the de-facto complainant and prayed to quash the complaint. = weighing machine was showing excess of 9 Kgs., of cotton for each quintal. Therefore, there is a deception allegedly played by the petitioners with regard to weighing of cotton material. If the weighment is accepted, there would be a wrongful loss to the complainant and thereby, the petitioners would gain wrongfully. Hence, there are no grounds at this stage to quash the proceedings.

CRLP 78 / 2013

CRLPSR 312 / 2013

PETITIONER RESPONDENT KATTEBOINA VENKATESHWARLU & 4 OTHERS   VS THE STATE OF A.P., REP. BY ITS P.P., & ANR PET.ADV. : PRAKASH REDDY RESP.ADV. : PUBLIC PROSECUTOR SUBJECT: U/s.482 Cr.p.c Quash the F.I.R DISTRICT:  NALGONDA

FILING DATE:  03-01-2013 POSTING STAGE :  FOR ADMISSION DISPOSED ON  :  04-01-2013  DIS REG. DATE    :   03-01-2013 LISTING DATE :  04-01-2013 STATUS   :  ---------

HON'BLE JUDGE(S): K.C.BHANU

THE HON’BLE SRI JUSTICE K.C. BHANU

CRIMINAL PETITION No.78 of 2013

ORDER:

           

The petitioners/A1 to A5 filed this Criminal Petition under Section 482 Cr.P.C. praying to call for records in F.I.R.No.90 of 2012 of Arvapalli Police Station, Nalgonda district registered for the offence under Sections 264 and
420 IPC and to quash the same.

2.      The brief facts of the case is that the second respondent has made a complaint to the Station House Officer, Arvapalli Police Station, Nalgonda district alleging that he has taken 20 acres of land from the farmers of his village and has raised the crop of cotton; that after harvesting the cotton he has decided to sell it to the first petitioner, though petitioners 4 to 5 who have fixed the rate at Rs.3535/- per quintal; that basing on such rate, on 26-12-2012 at 7.00 p.m. after weighing the cotton loaded the same into the lorry and after loading 94 bags he got doubt about KANTA and after proper weighing he found that there is excess of 9 Kgs., for one quintal. It is further alleged that when he enquired and demanded petitioners 2 and 3 have escaped from the place. Hence, the complaint.

3.      Heard.

4.      Learned counsel for the petitioners contended that there was no cheating and there was no loss to the de-facto complainant and prayed to quash the complaint.

5.      The allegations in the complaint would clearly go to show that the weighing machine was showing excess of 9 Kgs., of cotton for each quintal. Therefore, there is a deception allegedly played by the petitioners with regard to weighing of cotton material. If the weighment is accepted, there would be a wrongful loss to the complainant and thereby, the petitioners would gain wrongfully. Hence, there are no grounds at this stage to quash the proceedings.

6.      Accordingly, the criminal petition is dismissed.

7.      Miscellaneous Petitions pending, if any, in this Criminal Petition shall stand closed.

______________________

JUSTICE K.C. BHANU

January 04, 2013

PN

 

 THE HON’BLE SRI JUSTICE K.C. BHANU

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRIMINAL PETITION No.78 of 2013

January 04, 2013

PN