Andhra Pradesh High Court - Amravati
Saragada Rama Kasu vs The State Of Andhra Pradesh, on 6 August, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE NO.: Crl.P.No.4428 of 2021
PROCEEDING SHEET
Sl. OFFICE
Date ORDER
No. NOTE
01 06.08.2021 LK,J
Crl.P.No.4428 of 2021
Admit.
Notice.
Learned Public Prosecutor takes notice
on behalf of 1st respondent.
Learned counsel for the petitionerS is permitted to take out personal notice to the 2nd respondent by RPAD and file proof of service.
Post after four weeks.
___________ LK, J I.A.No.1 of 2021 Heard.
For the reasons stated in the affidavit filed in support of the petition, filing of certified copy of F.I.R No.6 of 2021 is dispensed with. Accordingly, this petition is ordered.
___________ LK, J I.A.No.2 of 2021 This petition is filed for stay of all further proceedings in F.I.R No.6 of 2021 on the file of Prohibition & Excise Station (SEB), Bhogapuram, Vizianagaram District.
Learned counsel for the petitioners submits that as per amendment Act 17 of 2020 to the Andhra Pradesh Excise Act, 1968, Section 53-A was amended, wherein after the words "Police and Revenue", the words "and Department of Gram Volunteers/Ward Volunteers and Village Secretariats/Ward Secretariats" were inserted. He submits that the incident happened in Reddi Kancheru village but the mediators report was prepared in the presence of V.R.O, Bhogapuram, who is allegedly present during the inspection on 30.01.2021. He submits that the proceedings conducted by the police are contrary to Section 53-A of the Act, on this aspect the petitioners sought quashment of F.I.R.
Taking into consideration amendment to Section 53-A of the Act, there shall be stay of all further proceedings in F.I.R No.6 of 2021 on the file of Prohibition & Excise Station (SEB), Bhogapuram, Vizianagaram District.
___________ LK, J PVD