The vs Unknown
2022 Latest Caselaw 734 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                MAIN CASE No. CRL.P.No.531 of 2022

                           PROCEEDING SHEET
Sl.   DATE                          ORDER                                  OFFICE
No.                                                                         NOTE
1.  09.02.2022 CMR,J

              Crl.P.531 of 2022
                      Learned   Additional   Public   Prosecutor   takes
              notice for respondent-State and requests time to

obtain instructions.

Post the matter after four weeks.

I.A.No.1 of 2022 The petitioner is A.2 in crime No.192 of 2021 of Isvi police station, Kurnool District. A case for the offence punishable under Section 34 (a) of the Andhra Pradesh Excise Act, 1968 was registered against him along with other accused.

The petitioner challenges the validity of criminal proceedings launched against him on the ground of non-compliance with the procedure contemplated under Section 55 of the Andhra Pradesh Excise Act, 1968. In support of his contention, he relied on the judgment of the Hon'ble Apex Court in K.L.Subbayya v. State of Karnataka { (1979) 2 SCC 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 Hon'ble Apex Court, this Court in Criminal Petition No.1640 of 2021 and in Criminal Petition No.4839 of 2021, ordered for stay of further proceedings pursuant to registration of F.I.Rs. therein. 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 given 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 him, there shall be interim stay of further proceedings pursuant to the registration of F.I.R. in crime No.192 of 2021 of Isvi police station, Kurnool District, only against the petitioner herein, till the next date of hearing.

_________ CMR, J DRK