HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.2834 of 2014 Date: 04-8-2014 Between Seelam Rambabu … Petitioner/ Accused No.4 and The State, Rep. by SHO, Sarpavaram PS, Kakinada-3, Through Public Prosecutor … Respondent HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.2834 of 2014 Order:
The petitioner seeks for quashment of C.C.No.342 of 2013 on the file of the Judicial Magistrate of First Class, Special Mobile Court, Kakinada, East Godavari District. He is accused No.4. Along with the other 3 accused, he allegedly committed offences under Sections 379, 411 and 406 read with Section 34 IPC.
2. The learned counsel for the petitioner submitted that the petitioner is an employee of the Indian Oil Corporation (IOC) working as a Terminal Manager. He submitted that when there was theft of oil, no complaint was lodged by the IOC. He submitted that when a driver and a cleaner of a lorry allegedly were involved in the commission of theft of oil mentioned the name of the petitioner as the person responsible for the theft, Police foisted the case against him. He submitted that the petitioner did not commit any of the offences.
3. Whether the petitioner committed the offences or not and whether the confessional statements of accused 1 and 2 viz., the driver and the cleaner of the lorry can be accepted or otherwise are questions of fact. I am afraid that I cannot go into these aspects in a petition under Section 482 Cr.P.C. It would be appropriate for the petitioner to face trial and establish his innocence.
4. Consequently, this criminal petition is dismissed. The petitioner, however, is granted liberty not to appear before the Trial Court in view of the fact that the petitioner is a senior employee of the IOC. The Trial Court, however, may insist upon the presence of the petitioner on any occasion for the just disposal of the case. The miscellaneous petitions, if any, pending in this petition shall stand closed.
04th August, 2014.
Dr. K.G.SHANKAR, J.
Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.2834 of 2014 04th August, 2014. (Ak)