THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PEITION No.5405 OF 2011 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the further proceedings against the petitioner-A1 in C.C.No.6 of 2011 on the file of the learned Special Judicial Magistrate of First Class, Prohibition & for Excise Cases, Warangal. 2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent- State. Perused the records. 3. On a report from the Sub Inspector of Police, Subedari police station-L.W.1, the Assistant Sub Inspector-L.W.21 registered First Information Report in Cr.No.151 of 2009 against the petitioner-A1 and others for the offence under Section 36 (c) of the A.P.Excise Act ( for brevity, ‘the Act’). The case was investigated by L.W.21- Assistant Sub Inspector and L.W.22-Circle Inspector and charge sheet was filed by L.W.23, another Inspector of Police. The main contention urged by the petitioner is that the Sub Inspector of police and the Circle Inspector have no jurisdiction to investigate into the offence under the provisions of the Excise Act and the investigation done by them is without competence and charge sheet filed is without jurisdiction. This Court by order, dated 28.01.2011, allowed Crl.P.No.5598 of 2009 filed by the accused in C.C.No.123 of 2009 on the file of the same Court and quashed the further proceedings. The main ground on which quashing of the proceedings is sought is that the Sub Inspector of police, who filed the charge sheet, is not competent to investigate the offence under Section 36 of the Act and file a charge sheet. 4. It is not disputed that previously A1, A2, A4 and A5 in the same case filed Criminal Petition No.5598 of 2009 and this Court by order, dated 28.01.2011, allowed the said petition and quashed further proceedings against them on the ground that a police officer, much less Inspector of Police, Matwada Circle and the Sub Inspector of Police, Intehezar police station, Warangal, have no jurisdiction to investigate the offence punishable under Section 36 of the Act and to file a charge sheet and the investigation made by them and the charge sheet filed are without jurisdiction. The present petition is filed by A3 in the same case. 5. In view of the earlier orders of this Court in Crl.P.No.5598 of 2009, dated 28.01.2011, it is held that further proceedings against the petitioner-A3 in C.C.No.123 of 2009 are liable to be quashed for the same reasons as those mentioned in the said order, dated 28.01.2011. Accordingly, further proceedings against the petitioner are quashed. 6. In the result, Criminal petition is allowed. _______________________ G.V.SEETHAPATHY, J 14th July, 2011. Note: Furnish C.C. of the order within one week. B/o Tsy