Kola Sai Teja vs The State Of Andhra Pradesh,
2021 Latest Caselaw 3272 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                     MAIN CASE No.: Crl.P. No.4803 of 2021

                                   PROCEEDING SHEET

Sl.                                                                           Office
        DATE                                 ORDER
No                                                                            Note

1.    31.08.2021   CMR, J
                                       I.A.No.1 of 2021

                         Dispensed with for the present.


                                                                  ________
                                                                   CMR, J

                                     Crl.P. No.4803 of 2021

                         Learned Additional Public Prosecutor takes
                   notice for respondent/State and requests time to seek

instructions.

Post the matter after four (4) weeks.

________ CMR, J

I.A.No.2 of 2021

The petitioner is A-3 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 him along with other accused.

The petitioner mainly challenges the validity of the criminal proceedings launched against him 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 petitioner in the present facts and circumstances of the case amounts to abuse of process of Court or not and as the petitioner could make out a strong prima facie case warranting interference of this Court to examine the validity of the criminal proceedings launched against the petitioner, 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 petitioner herein, who is A-3, till the next date of hearing.

________ CMR, J AKN