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2008 Supreme(SC) 1272

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Goondla Venkateswarlu – Appellant
Versus
State of A. P. and Anr. – Respondent


Advocates appeared:
For the Appellant :V. Mohana, Advocate.
For the Respondents:Mrs. Sudha Gupta and Mrs. D. Bharathi Reddy, Advocates.

Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the Judgment of a learned Single Judge of the Andhra Pradesh High Court dismissing the petition filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.’). The prayer was to quash the proceedings before learned Additional Judicial Magistrate, First Class, Karimnagar in CC No.356/96.

3.Background facts as projected by the appellant are as follows :

The appellant, at the relevant time in 1994, i.e. 24.10.1994, was working as Assistant Commissioner of Commercial Taxes. He alongwith his subordinate staff went to the business premises belonging to the respondent no.2 for carrying out an inspection during business hours. The premises were registered business premises of M/s. Rajani Fireworks whose proprietor is the son of the respondent no.2. The officials went to the premises at 5 p.m. on 24.10.1994. In the same business premises, the documents and business stocks relating to Kasanagottu Srisailam and Bros. were also noticed. During the inspection, the son of the respondent no.2 alongwith one Sri. Kasanagottu Satyanarayana said to be one of the partners of Sri Kasana




















































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