Disposed

U.Gowtham Venkatesh v. the State of Andhra Pradesh

Andhra Pradesh HC15 Mar 2023CRLP/1882/2023

Case brief

AI extract

What is this about?

In a petitioner filed under Section 482 Cr.P.C. to quash proceedings for illegal liquor possession, the single-judge Bench observed that specific accusations of illegal supply precluded an early factual enquiry. The Court directed police not to take coercive action against the petitioner while the investigation proceeds.

What did the court decide?

Criminal petition dismissed; coercive steps against petitioner stayed; investigation to continue.

U.Gowtham Venkatesh Vs the State… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2023)

¶1

HON’BLE SRI JUSTICE K. SREENIVASA REDDY

¶2

Criminal Petition No.1882 of 2023

¶3

Order:

¶4

This Criminal Petition, under Section 482 Cr.P.C. has been filed on behalf of the petitioner/Accused No.4 to quash the proceedings in Crime No.58 of 2023 of Chirala II Town Police Station, Bapatla District.

¶5

A case has been registered against the petitioner and others for the offence punishable under Section 34(a) of the AP Excise Act.

¶6

Case of the prosecution, in brief, is that on 28.02.2023 at 09.30 hours, on credible information about illegal possession of IMFL liquor without any bill and permission, WSI 4108 of Chirala II Town Police Station, proceeded near to HP Gas Godown, Vodaravu Road, Prasad Nagar, Kothapeta and found the accused in possession of 58 bottles of Dharu House XO Brandy bottles of 180 ml each.

¶7

Learned counsel for the petitioner, after arguing for some time, confined his argument to the extent of protecting the petitioner from coercive action by police.

¶8

¶9

On the contrary, learned Special Assistant Public Prosecutor submitted that there are specific accusations as against the petitioner herein.

¶10

Heard. Perused the record.

¶11

A perusal of record goes to show that there are specific accusations as against the petitioner herein that he is supplying the liquor bottles illegally at lower price to the other accused. In view of the said accusation, it is premature for this Court to conduct a roving enquiry into the disputed questions of facts which are to be decided during the course of trial and not in a petition filed under Section 482 Cr.P.C. At this stage, this Court is not in a position to go into the merits of the case and not inclined to interfere with the proceedings at this stage. However, in view of the facts and circumstances of the case, police are directed not to take any coercive steps as against the petitioner herein and conduct the investigation.

¶12

With the above direction, the Criminal Petition is disposed

¶13

¶14

¶15

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.

¶16

_____________________ K. SREENIVASA REDDY, J

¶17

Dated:15.03.2023 ARB

¶18

¶19

HON’BLE SRI JUSTICE K. SREENIVASA REDDY

¶20

Criminal Petition No.1882 of 2023

¶21

Dated:15.03.2023

¶22

ARB

U.Gowtham Venkatesh v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

U.Gowtham Venkatesh v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dudekula Mohammad Khasim Vs the State of Andhra Pradesh

Harivaram Shaik Basha Vs The State of Andhra Pradesh

Annapureddy Vs the State of Andhra Pradesh

Mallu Naveen Vs the State of Andhra Pradesh

Kagga Pulla Rao at Pullayya, Vs the State of Andhra Pradesh

J. Rama Murthy Sharma Vs the State of Andhra Pradesh