M. Sankara Rao vs State Of Andhra Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(AP) 381

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V. SUJATHA, J
M. Sankara Rao – Appellant
Versus
State Of Andhra Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: R Siva Sai Swarup
For the Respondent: Public Prosecutor

ORDER :

V.Sujatha, J.

This Criminal Petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the FIR in Crime No.506 of 2020 dated 29.09.2020, Anandapuram Police Station, Visakhapatnam City, registered for the offences punishable under Section 420 of Indian Penal Code (for short “I.P.C.”) and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short “MMDR Act”).

2. Petitioners herein are accused Nos.1 and 2. Respondent No.2 herein filed a complaint stating that this is a case of cheating and illegal transportation of sand. On 29.09.2020, acting on credible information, the 2^nd respondent along with his staff, went to the spot at Kallivanlpalem centre, near Boyapalem junction, Anandapuram Mandal, Visakhapatnam, and found that accused No.1 was illegally transporting 25 Tons of sand, on a lorry bearing Reg.No.AP31TH5888 under the direction of his owner i.e., accused No.2. Upon verifying the sand bill, transit No.TNAP31TH5888209280753598549, and other connected documents, the 2^nd respondent found that the lorry was supposed to be headed to Pool Bag Colony, Vizianagaram District. However, the vehicle was found heading tow