1. This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioner in C.C.No.73 of 2008 on the file of the Court of the Judicial Magistrate of I Class, Gudivada, Krishna District.

2. Sri Y.Ramarao, the learned counsel for the petitioner, would submit that the trail Court committed grave error while taking cognizance of the offences against the petitioner under Sections 385 and 427 of IPC. He further submitted that even if the allegations made in the complaint are taken at their face value true and correct, the same would not constitute any offence much less the offences alleged to have been committed by the petitioner. He further submitted that if the criminal proceedings are allowed to be continued, the same would amount to miscarriage of justice as well as abuse of process of law.

3. Controverting the arguments of the learned counsel for the petitioner, Sri Syed Ghouse Basha the learned counsel for the first respondent, would submit that the allegations made in the complaint prima facie constitute the offences committed by the petitioner. He further submitted that the Court has to evaluate the material available on record