Andhra Pradesh High Court - Amravati
Kondalu Makkena, vs The State Of Andhra Pradesh, on 20 March, 2021
Bench: Cheekati Manavendranath Roy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV
SATURDAY, THE TWENTIETH DAY OF MARCH,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
IA No. 1 OF 2021
IN
CRLP NO: 1639 OF 2021
Between:
Kondalu Makkena, S/o. Venakteswarlu, Aged 46 years, R/o Pittambanda Village,
Vinukonda Mandal, Guntur District.
...Petitioner/Accused No.2
(Petitioner in CRLP 1639 OF 2021
on the file of High Court)
AND
The State of Andhra Pradesh, Through the Sub-Inspector of Police, Vinukonda Town
Police Station, Vinukonda, Guntur District, Rep by its Public Prosecutor, the High Court
of Andhra Pradesh at Amaravati,
...Respondent/Complainant
(Respondents in-do-)
Counsel for the Petitioner : SRI KAMBHAMPATI RAMESH BABU
Counsel for the Respondent : PUBLIC PROSECUTOR
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in
the memorandum of grounds of criminal petition, the High Court may be pleased to
grant stay of all further proceedings in pursuance of Crime No.51/2020 of Vinukonda
Town Police Station, Vinukonda, Guntur District including arrest of the
Petitioner/Accused No.2 in the interest of justice, pending disposal of CRLP No. 1639
of 2021, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
ORDER:
"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.51 of
2020 of Vinukonda Town Police Station, Guntur District, till the next date of
hearing." pod
SD/- G. SREENIVAS REDD
ASSISTANT REGISTR
ITTRUE COPY//
For SECTION OFFICER
To,
--_
The Station House Officer, Vinukonda Town Police Station, Vinukonda, Guntur
District.
One CC to Sri. Kambhampati Ramesh Babu, Advocate [OPUC]
Two CCs to Public Prosecutor, High Court of AP [OUT]
One spare copy
Spon
M
HIGH COURT
CMRJ
DATED:20/03/2021
ORDER
IA No. 1 OF 2021
IN
CRLP NO: 1639 OF 2021
INTERIM STAY
