Patnana Rajesh Kumar vs The State Of Andhra Pradesh
2021 Latest Caselaw 2089 AP

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.3321 of 2021

ORDER:-

This Criminal Petition under Section 482 of the Code of

Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking

quash of F.I.R in Crime No.75 of 2021 of Veeraghattam Police

Station, Srikakulam District.

Heard learned counsel for the petitioner and the learned

Additional Public Prosecutor for the State.

The aforesaid F.I.R was registered against the petitioner for

the offences punishable under Sections 188, 272, 273 IPC and

under Section 34(1)(i) of the A.P. Excise Act.

Learned counsel for the petitioner would submit that in so

far as the offences under Sections 188, 272, 273 IPC are

concerned, this Court has earlier quashed the F.I.Rs registered for

the similar offences based on identical facts in Criminal Petition

No.5421 of 2019 and batch and also Criminal Petition No.5103 of

2020 and batch and thereby prayed to quash the F.I.R registered

against the petitioner also for the said offences, as he is similarly

placed.

Learned Additional Public Prosecutor would fairly concede

that the F.I.Rs registered for the similar offences are earlier

quashed by this Court and thereby prayed to pass appropriate

orders in this Criminal Petition also. However, he would submit

that the F.I.R cannot be quashed for the offence punishable under

Section 34(1)(i) of the A.P. Excise Act, as it is not covered by the

earlier judgments and it requires investigation.

Therefore, in view of the aforesaid earlier orders of this

Court, the Criminal Petition is partly allowed and the F.I.R

registered against the petitioner for the offences punishable under

Sections 188, 272 and 273 IPC is hereby quashed. However, the

F.I.R in respect of the offence punishable under Section 34(1)(i) of

the A.P. Excise Act holds good and the investigation can go on in

respect of the said offence.

Miscellaneous Petitions, if any pending, in this Criminal

Petition, shall stand closed.

_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 22-06-2021 AKN

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No, 3321 of 2021

Date: 22-06-2021

AKN