Madagala Srinivasa Rao vs The State Of Andhra Pradesh
2021 Latest Caselaw 4974 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                      MAIN CASE No.: Crl.P. No.6862 of 2021

                                   PROCEEDING SHEET

Sl.                                                                           Office
       DATE                                ORDER
No                                                                            Note

1.    06.12.2021 CMR, J
                8




                                       I.A.No.1 of 2021

                        Dispensed with for the present.


                                                                 ________
                                                                  CMR, J

                                    Crl.P. No.6862 of 2021

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

obtain instructions.

Issue notice to the 2nd respondent.

Post the matter after four (04) weeks.

________ CMR, J

I.A.No.2 of 2021 The petitioner mainly challenges the validity of the criminal proceedings launched against the petitioner on the ground of non-compliance with the procedure contemplated under Section 55 of the A.P.Excise Act. He is also fortified with a judgment of the Apex Court rendered 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. Therefore, in view of the said legal position, the matter requires examination in the main Criminal Petition whether the launching of criminal prosecution against the petitioner in the present case amounts to abuse of process of law or not. So, 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 him in the main Criminal Petition.

Therefore, in the said facts and circumstances of the case, there shall be a stay of further proceedings pursuant to registration of F.I.R in Crime No.10/(2021)- Tuni-621 of Excise Station, SEB Tuni Station, East Godavari District, till the next date of hearing.

________ CMR, J

AKN