R. Gopinath vs The Station House Officer
2022 Latest Caselaw 1571 AP

Citation : 2022 Latest Caselaw 1571 AP
Judgement Date : 30 March, 2022

Andhra Pradesh High Court - Amravati

R. Gopinath vs The Station House Officer on 30 March, 2022

Bench: D Ramesh

HIGH COURT OF ANDHRA PRADESH MAIN CASE NO.: Crl.P.No.1867 of 2022 PROCEEDING SHEET

Sl.No. Date ORDER OFFICE NOTE

2. 30.03.2022 DR,J I.A.No.01 of 2022 Dispensed with for the present.

Crl.P.No.1867 of 2022 Petitioners are A1 and A2 in Crime no.36/2022 of Special Enforcement Bureau Station, Dharmavaram. A case in the above crime under Section 34(a) of the A.P.Excise Act, 1968 was registered against them.

The petitioners mainly challenge the validity of the criminal proceedings launched against them 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 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.01 of 2021 in Criminal petition no.1640 of 2021 ordered for stay of further proceedings pursuant to the 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 petitioners in the present facts and circumstances of the case amounts to abuse of process of Court or not as the petitioners could make out a strong prima-facie case warranting interference of this Court to examine the validity of the criminal proceedings launched against the petitioenrs, there shall be an interim stay of further proceedings pursuant to the registration of F.I.R in Crime No.36/2022 of Special Enforcement Bureau Station, Dharmavaram, against the petitioners, till the next date of hearing.

Post after four (04) weeks.

______ DR, J Note:

Furnish cc by tomorrow B/o RD