Andhra Pradesh High Court - Amravati
Chiluvuri Surendra Raju, vs The State Of Andhra Pradesh, on 2 July, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
N\ [3163] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE SECOND DAY OF JULY, 9 L- TWO THOUSAND AND TWENTY ONE 'PRESENT: . THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY: IA No. 2 OF 2021 IN CRLP NO: 3523 OF 2021 7 Between: Chiluvuri Surendra Raju, S/o. Bavaji Raju, Age 48 years, R/o 17-220, Ratna. Village, Chintalapudi Mandal, West Godavari District. _..Petitioner/Acoused No. (Petitioner in CRLP 3523 OF 2021 on the file of High Court) AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, through Station House Officer Chintalapudi Police Station, West Godavari District . Respondent/Complainant (Respondents in-do-) Petition under Section 482 of Cr.PC ., praying that in the circumstances stated in the memo of grounds filed in Cri.P., the High Court may be pleased to grant stay of all further proceedings in pursuance of Crime No. 312/2021 on the file of the Chintalapudi Police Station, West Godavari District including arrest of the Petitioner/Accused No.1, pending disposal of C/RLP No. 3523 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and memo of grounds filedin Cri.P., and upon hearing the arguments of Sri Kambhampati Ramesh Babu, Advocate for the Petitioner, and of Public Prosecutor for Respondent, the Court made the following ORDER:
The petitioner is the sole accused in Crime No.312 of 2021 of Chintalapudi Police Station, West Godavari District. On the allegation that on receipt of information regarding illegal possession of liquor bottles that when the police officials raided the scene of offence that they found liquor bottles in the possession of the petitioner, the aforesaid crime was registered against the petitioner for the offence punishable under Section 34(a) of the A.P.Excise Act.
The petitioner primarily questions the validity of the criminal proceedings launched against him on the ground of non-compliance with the procedure contemplated under Section 55 of the A.P. Excise Act. As can be seen from the record, no reasons are recorded by the police officials, who conducted raid as to why a search warrant was not obtained from the competent authority before conducting search of the premises where the liquor bottles are found. Therefore, there is clear violation of Section 55 of the A.P. Excise Act. Learned counsel for the petitioner also relied on the decision of the Apex Court in the case of K.L.Subbayya Vs. State of Karnataka reported in (1979) 2 SCC P 115, wherein it is held that when the search is conducted by an officer without prior recording of the grounds for his belief that an offence under the Act was likely or being committed, it is illegal.
Therefore, in view of the above legal position, the matter requires examination in the main Criminal Petition whether launching of criminal prosecution against the petitioner in the facts and circumstances of the case amounts to abuse of process of law or not and whether E.LR registered against the petitioner is liable to be quashed or not. So, the petitioner could make out a prima facie case warranting interference of this Court to examine the above issue. Therefore, in the facts and circumstances of the case, there shall be stay of further proceedings pursuant to registration of F.LR in Crime No. 312 of 2021 of Chintalapudi Police Station, West Godavari District, till the next date of hearing.
U. SRIDEVI ASSISTANT REGISTRAR er\ A we 3 {TRUE COPY// For A: SECTION « OFFICER To, oo .
The Station House Officer Chintalapudi Police Station, West Godavari District One CC io Sri. Kambhampati Ramesh Babu Advocate [OPUC] Two CCs to Public Prosecutor, High Court of A.P., at Amaravati (OUT) One spare copy BON Skm HIGH COURT "CMRI DATED:02/07/2021 ORDER TA. No. 2 of 2021 IN CRLP.No.3523 of 2021 INTERIM STAY