Andhra Pradesh High Court - Amravati
Sri Yerra Atakeswara Rao vs The State Of Andhra Pradesh on 1 May, 2024
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV WEDNESDAY, THE FIRST DAY OF MAY, TWO THOUSAND AND TWENTY FOUR (PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 2977 OF 2024 Between: sr Yerra Atakeswara Rao, S/o Gate) Nagaraiu, Aged 35 yrs, Rist Kothapeta Vilage, Kotabommall Mandal Srikakulam District. Aadhar No. 2264 1083 1634 ..Petitioner/Accused No.4 AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor High Court at Amaravathi. &. On KOY.N.B.R Kumar, Prohibition and Excise inspector Office af Assistant Cornmmissioner of Prob & Excise Vigilence, Srkakularm District. . Raspondents/Camplainant Petition under Section 482 of CrP.C is fled praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Gourt may be pleased fo quash fhe imougned Crime in PLRNo.P28025 dated 14.12.2023 of S.E.B. Station, Kotabornmall, Srikakulam District as against the Petitioner "4° Accused by Allowing the Criminal Petition in the inferest of the justice: IA NO: 2 OF 2084: Fetiion under Section 482 of CrP.C is fled praying that in the % -- circumstances slated in memorandum of grounds of Criminal Petition, the High Court may be pleased fo stay of all the further proceedings in the Crime in FUR No. (27/2083 of S-E.B., Station, Kofabommall, Srikakulam District as against the Petitioner(A-1, pencing disnasal of CRLP No 2@o1y of 2024, on the fle of the High Court. n j they lea yey Ee eerie emm s|ereime drs Gatiieas: ana tis The petition coming on for hearing, upon perusing ihe Petition and the memorandum of grounds of cr 'nal petition and uson hearing Ine arguments - ; xy ake eal Deana ahi Rwke by ° bey ow "Em BSS soe Daal ef Sri Ravuri Leela Sai Sampath, Advocate for the FPelitianer and Public hae) = ssane bd eet y Foyend A byes Sg ed aeics $4 : er . Prosecutor for the Respondent No.1, the Court mace the folowing; ORDER:
' "This application has been fled seeking siay of all further proceedings in the crime im FLR.No.i 2) of 2023 of S.E.B. Police Staten, Kotabommiall, Srikakulam UNstrict as against the petitioner! A'. .
Heard iscarned counsel apgearing for the petiioner/Al and the learned Special Assistant Public Prosecutor for respondent No.4Siate, Learned counsel for the petitioner submitted thai F.LR. was registered for the offence under Section AXiNb} & fc} of the Andhra Pradesh Excise Act, 1968 reac with Rule 18 of Andhra Prariesh Exciss iGrant of License of selling by shop & conditions of Hcense} Rules, 2079 which prescribes punishment of imprisonment for a term which shall not be less than six months but which shall not exceed ftvo years and whh fine which may extend fo ane thousand russes. He further submitted that since the AP Excise Act, 1968 does not ssecify whether the offence which Is allegedly committed by the petitioner herein is cognizable or non-cognizable, by application of the Sehedule-l, part] Cr.Plc., the offence being punishable with imprisonment for less than thres years, is noncognizgable and therefore investigation cannot be done without prior permission of the jurisdictional magistrate as per Section (48¢2) CrP.c. and consequently the case on hand In which investigation is commenced by registration of FIX without such permasion is bad In law, Learned Assistant Public Frosscutor submitted that the allegations of the tampering the seal of quer bottles would prima facie indicate the commission of the offence under Section 3&(1Nb} & fc} of the Andhra Pradesh Excise Act, 1968. He further submitted that report from fhe FSL is awaited and on receipt of the report the case would be made out under appropriate provision and it is premature to decicle the maintainability of the case at this juncture when the investigation is stil! pending.
in reply, learned counsel for the petitioner submitied that sa long as the report of the FSL is not received, the registration of the case regarding non-cognizable offence without following the provision under Section 185(2) Cr.P.c is egal.
in view of the above submissions, this is a ft case to grant interim stay.
Accordingly, there shall be interim stay of all further proceedings in FLRLNo.T 21 of 2023 of 8.6.8. Police Station, Kotabommall, Srikakulam Cistrict including arrest of the petitioner/A1, for a period of Ovelve (12) weeks, Fost after sight (08} weeks."
Sd/- K.Srinivasa Raju ASSISTANT REGISTRAR UTRUE COPY! Pest Pera.
For ASSISTANT REGISTRAR To, y. The Station House Officer, S.E.B., Station, Kotabornmall, Sikakulam District
2. aft ROY NBR Kumar, Prohibition and Excise Inspector Office of Assistant Comrruasioner of Prob & Excise Vigilance, Srikakularm District. (by RPAD) One CC to Sri. Ravuri Leela Sal Sampath, Advocate [OPUC] Two (Cs to Public Prosecutor, Nigh Court of AP [OUT] One spare copy al cama MM HIGH CouRT SRE, DATED-01/08/2024 NOTE:
POST AFTER EIGHT (00) WEEKS ORDER CRLP.No. 2097 OF 2024 INTERIN STAY