IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.8128 of 2009 Between: Uppalapati Sree Rama Murthy ..... PETITIONER AND Station House Officer, Prohibition & Excise Station ....RESPONDENT Counsel for the Petitioner : Counsel for the Respondent : The Court made the following: THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.8128 OF 2009 ORDER: This Criminal Petition under Section 482 of Cr.P.C., is filed by the petitioner to quash the proceedings in C.C.No.10 of 2009 on the file of II Judicial First Class Magistrate, Tanuku, West Godavari District. 2. It is alleged that on 09.10.2008, while the Excise police conducting a route watch, they found the accused coming on scooter. On seeing the excise cab, the accused escaped from the place of incident leaving behind his scooter, and on examination of the scooter, the excise officials found five litres of illicit distilled liquor. In the front box of the scooter the excise police also seized the Bank Account Book of the accused with his full particulars. In the presence of mediators the excise officials took the sample of I.D Liquor, separately, into two bottles and sent samples to the Chemical Examiner, Kakinada, and the analyst opined that the samples are unfit for human consumption and injurious to health. Thereafter, the police filed the charge sheet after completion of investigation. 3. The learned counsel for the petitioner contended that a false case is foisted against the petitioner; that the I.D. liquor was not seized from his house; and that on two occasions two similar cases have been foisted against the petitioner by the police and so he also lodged a complaint against the excise officials, and hence Excise police bore grudge against the petitioner. 4. The powers under Section 482 of Cr.P.C. are extraordinary in nature and they can be exercised to prevent the abuse of process of Court or to secure ends of justice or to give effect to the order passed under the Case. If the allegations of the charge sheet make out a prima facie case for the offence alleged, then the question of quashing the charge sheet does not arise. 5. The allegation is that whether the petitioner was arrested at his house or whether the contraband was seized near Cherukuwada village on 09.10.2008 or a false case is foisted against the accused or whether the case is an outcome of lodging a complaint by the accused against the excise officials, are the matters required to be decided and determined during the trial. Basing on the contention raised by the learned counsel for the petitioner, the same cannot be determined because, the disputed question of fact cannot be decided and determined at this stage, exercising jurisdiction under Section 482 of Cr.P.C. Hence, there are no grounds to quash the impugned proceedings. 6. Accordingly, the Criminal Petition is dismissed. _______________ K.C.BHANU, J October 6, 2009 MD