B.Masthan vs State Of Ap
2021 Latest Caselaw 3271 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                     MAIN CASE No.: Crl.P. No.4839 of 2021

                                PROCEEDING SHEET

Sl.                                                                            Office
        DATE                                 ORDER
No                                                                             Note

1.    31.08.2021   CMR, J


                         Learned Additional Public Prosecutor takes
                   notice for the 1st respondent/State and requests time

to obtain instructions.

Issue notice to respondent No.2.

Post the matter after four (4) weeks.

________ CMR, J

I.A.No.1 of 2021

The petitioners are A-4 and A-5 in Crime No.188 of 2021 on the file of Vetapalem Police Station, Prakasam District. A case in the above crime under Section 34(a) of the A.P.Excise Act, 1968, was registered against them along with other accused.

The petitioners mainly challenge the validity of the criminal proceedings launched against them on the ground of non-compliance with the procedure contemplated under Section 55 of the A.P. Excise Act, while relying on the judgment of the Apex Court in the case of K.L.Subbayya Vs. State of Karnataka reported in (1979) 2 SCC P 115, wherein it is held that search conducted by an officer without prior recording of the grounds for his belief that an offence under the Act was likely or being committed, is illegal and without effect and conviction based on such illegal search is liable to be set aside.

Considering the law laid down in the aforesaid judgment of the Apex Court, this Court also in I.A.No.1 of 2021 in Criminal Petition No.1640 of 2021 ordered for stay of further proceedings pursuant to registration of F.I.R.

Therefore, in view of the above legal position, as the matter requires examination in the main Criminal Petition to ascertain whether launching of criminal prosecution against the petitioners in the present facts and circumstances of the case amounts to abuse of process of Court or not and as the petitioners could make out a strong prima facie case warranting interference of this Court to examine the validity of the criminal proceedings launched against the petitioners, there shall be interim stay of further proceedings pursuant to registration of F.I.R in Crime No.188 of 2021 on the file of Vetapalem Police Station, Prakasam District, only against the petitioners herein, who are A-4 and A-5, till the next date of hearing.

________ CMR, J AKN