Karnataka High Court
Nalla Malla Prasad vs The State Of Karnataka on 28 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:608
CRL.P No. 200456 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 200456 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
NALLA MILLI PRASAD S/O SURYANARAYANA,
AGE: 31 YEARS, OCC: ASST. ENGINEER,
R/O. H.NO. 1-114, KOTAVEEDHI, RAUTHALAPUDI,
DIST. EAST GODAVARI,
ANDHRA PRADESH - 533446.
...PETITIONER
(BY SRI SHARANAGOWDA V. PATIL, ADVOCATE)
AND:
Digitally signed by THE STATE OF KARNATAKA
SHILPA R
TENIHALLI THROUGH EXCISE SUB-DIVISION,
Location: HIGH SHAKTINAGAR, RAICHUR-584170.,
COURT OF NOW REPRESENTED BY
KARNATAKA ADDL. SPP HIGH COURT OF KARNATAKA,
KALABURAGI BENCH - 585107.
...RESPONDENT
(BY SRI VEERANAGOUDA MALIPATIL, HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
QUASH THE FIR THE CASE IN CRIME NO. 39/2023-24/2703SIE
1/270303, FOR THE OFFENCES PUNISHABLE U/SEC. 11, 14,
15, 32(1), 34, 38(A), 43 OF EXCISE ACT, 1965, BY THE
RESPONDENT POLICE SUB-INSPECTOR OF EXCISE SUB-
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NC: 2025:KHC-K:608
CRL.P No. 200456 of 2024
DIVISION RAICHUR AGAINST HTE PETITIONER, PENDING ON
THE FILE OF II ADDL. CIVIL JUDGE AND II JMFC AT RAICHUR,
TO SECURE THE ENDS OF JUSTICE AND TO PREVENT ABUSE
OF PROCESS OF THE COURT AND PASS SUCH OTHER ORDER
OR ORDERS, WHICH THIS HON'BLE COURT MAY BE PLEASED
TO PASS, IN THE CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) The petitioner is before this Court with the prayer to quash the FIR in Crime No.39/2023-24/2703SIE 1/270303 registered by Raichur Sub-Division, Raichur, for offence punishable under Section 11, 14, 15, 32(1), 34, 38(A), 43 of Excise Act, pending before the Court of IInd Additional Civil Judge and IInd JMFC, Raichur.
2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent.
3. Learned counsel for the petitioner submits that the petitioner was traveling in the car bearing registration -3- NC: 2025:KHC-K:608 CRL.P No. 200456 of 2024 No.CG-13/AG-9909 on 15.04.2024 along with 3 others and therefore it cannot be said that the inmates of the car were transporting liquor in excess of permissible limits. He has placed reliance on Rule 21 of the Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules, 1967 and submits that each inmate of the car is entitled to possess and transport 2.3 litres of whiskey, whereas in the present case total quantity of whiskey seized is 3 litres. Therefore, the same cannot be said to be in excess of the permissible limits.
4. Learned High Court Government Pleader submits that petitioner is before this Court challenging the FIR registered against him. It is for the petitioner to appear before the Investigation Officer and explain as to why he cannot be prosecuted for the alleged offence. Undisputedly, notice has been issued under Section 41 (A) of the Cr.P.C to the petitioner and instead of participating in the enquiry he has approached this Court. -4-
NC: 2025:KHC-K:608 CRL.P No. 200456 of 2024
5. Submissions made on both sides is placed on record.
6. The petition is disposed off with liberty to the petitioner to appear before the Investigation Officer pursuant to the enquiry notice issued to him under Section 41(A) of the Cr.P.C and submit his explanation and in the event petitioner is aggrieved by the final report submitted by the Investigation Officer it is always open for him to question the same in accordance with law.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 31 CT:PK