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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V.SUJATHA, J
Chiluvuri Surendra Raju – Appellant
Versus
State Of Andhra Pradesh – Respondent
Order :
(V. SUJATHA, J.)
This criminal petition is filed under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) seeking to quash the proceedings initiated against the petitioner/A.3 in Crime No.188 of 2021 registered on the file of Chinthalapudi Police Station, West Godavari District, for the offences punishable under Section 34 (a) of the A.P. Excise Act , 1968.
2. The petitioner herein is A.3. The Sub-Inspector of Police, Vetapalem registered a case in Crime No.188 of 2021 for the offence punishable under Section 188, 269, 270, 271 IPC and Section 34 (a) of the A.P. Excise Act , 1968, against the petitioner and others basing on the mediator’s report. As per the mediator’s report, on 31.05.2021, the Sub-Inspector of Police, Chintalapudi Police Station, on receipt of credible information about illegal transportation of liquor, after securing the mediators, proceeded to vacant shed beside new bus stand, Chintalapudi and found that there are liquor bottles 1.Blenders Pride 750 ml-12 bottles 2. Royal Stag-750 ml-4 bottles and 3.Mansion House 750 ml-1 bottle and the liquor bottles belongs to Telangana State and on enquiry they came to know that the shed belongs to the p
Non-compliance with mandatory search procedures under the A.P. Excise Act vitiates criminal proceedings, constituting an abuse of process.
Failure to comply with mandatory search procedures under the A.P. Excise Act vitiates criminal proceedings, constituting an abuse of process.
The court ruled that proceedings under Section 188 IPC cannot be initiated without a complaint from a public servant, leading to quashment of the case against the accused.
The main legal point established in the judgment is the importance of complying with mandatory provisions under the Immoral Traffic (Prevention) Act, the distinction between mandatory and directory p....
The court emphasized the importance of substantial compliance with statutory provisions and highlighted the need for determining factual matters in the trial court.
Courts should exercise quashing powers sparingly and allow reasonable time for investigation before considering quashing criminal proceedings.
The court established that quashing of FIRs should be rare, emphasizing the importance of allowing police investigations to proceed unless there are compelling reasons otherwise.
The court quashed proceedings under Section 482 Cr.P.C. due to insufficient evidence of an offense, affirming lawful acquisition of PDS rice by the petitioners.
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