IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD MONDAY THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE P. S. NARAYANA CRIMINAL PETITION No. 6 8 1 4 OF 2009 Between: Koneru Maruthi Prarsad, s/o Late Venkata Ramaiah, Aged about 45 years, 0cc. Real Estate Business, R/o. No.121, MG Road, Shankar Nagar, Pammal, Chennaiah, Tamil Nadu State. … Petitioner V/s. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. … Respondent Counsel for the Petitioner : Sri M.V. Raja Raam Counsel for the Respondents : Addl. Public Prosecutor THE HONOURABLE SRI JUSTICE P. S. NARAYANA CRIMINAL PETITION No. 6 8 1 4 OF 2009 O R D E R: This Court while admitting the Criminal Petition, granted interim stay until further orders on 10-11-2009. Crl.MP.No. 2176 of 2009 is filed to vacate the interim stay. At the stage of hearing, the learned counsel for the petitioner, Sri M.V. Raja Raam and the learned Additional Public Prosecutor made a request for final disposal of this criminal petition itself. 2. Heard the counsel on record. 3. Sri M.V. Raja Raam, the learned counsel representing the petitioner-A4 would submit that the allegations made in the FIR even if to be taken at the face value and accepting in their entirety, they do not constitute any offence whatsoever, which can be made out from the petition. The learned counsel would maintain that the material collected by the Excise Police also would not disclose any commission of offence as against this petitioner. Further the allegations are so absurd, inheritently improbable and they cannot be made any basis whatsoever to further proceed prosecution of petitioner-A4. The learned counsel would also maintain that this FIR thought of only with malice and to wreck vengeance. 4. On the contrary, the learned Additional Public Prosecutor would maintain that there are certain other cases as well and further pointed out the stand taken at para Nos. 2, 3, 4 and 5 in the affidavit filed in support of the vacate stay petition. The learned Additional Public Prosecutor also would maintain that the petitioner is a habitual offender. 5. Having heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor, this court is not inclined to express any opinion touching the merits and demerits of the matter and the other submissions made by the learned Additional Public Prosecutor that the petitioner is a habitual offender. 6. Be that as it may, the facts of the case are as hereunder: The Station House Officer, Prohibition and Excise Police Station, Nellore, falsely implicated the petitioner herein as Accused No.4 in Cr.No. 101/2007-08, which was registered on 17-10-2007 for the offence punishable Under section 34 (a) of A.P. Excise Act, 1968. The Prohibition and Excise Inspector, Patancheru, received an information about the illegal transportation of rectified spirit through Railway Crossing, Kollur village, Ramachandrapuram Mandal, Medak district. Basing on the same information, the Excise officials along with the two punch witnesses found one van bearing No. TN-27 R-6349 at about 11:25 a.m., which was coming through Railway Crossing, Kollur and found A-1 and A-2 inthis case, as they are sitting in the cabin. On suspicion, the van was stopped and enquired, A-1, who was the driver of the van, revealed his particulars as Motupally Ramesh, s/o Srinivasa Rao, aged about 30 years, r/o Kohela gudem village, Srikakulam district and A2 revealed his particulars as K.Venkateswasra Rao @ Kotesh s/o Venkatesh aged about 32 years, Occ. Cleaner r/o Hut, beside Road, Bypass Road, Srikakulam and further they informed that they had unloaded eggs at Sanga Reddy. A search memo was recorded and served on the accused and opened the backside doors of the van and the body is covered 300 empty crates of eggs, each crate capacity of 100 eggs. On further search, they found another cabin beside the driver’s cabin with one small door with nut and bolt and on suspicion the officials opened that door and found white plastic cans filled with liquid. On counting they are 68 cans and each can contain about 38 litres capacity. The Officers opened the cap of one plastic can and found that the liquid is rectified spirit. A-1 and A-2 produced. 1. Original RC No. 1591431 2) Form N.P.B.No. 43867/B1/2004, dated 22-10- 2004 3) Form No.47 Authorisation for National Permit No.B1/44359/2007, dated 17-10-2007 4) Tax Card B.No.0075409 5) Vehicle Insurance Policy of Oriental Insurance Company. But they found no permit or licence regarding the rectified spirit. Further it is alleged that the driver failed to produce driving licence. On verification of the documents, it is found that RC is in favour of A6 P.Selva Kumar s/o N. Parman R/o.H.no.1814, Dharma Nagar, 4th street, Suramangalam, Selam. On demand the accused informed that they are working as Cleaners at Red Hills and A3 Ramu engaged them for the purpose of transportation of rectified spirit from Bidar to Chennai for Rs.200/- and also offered other salaries and allowances apart from driving licence. It is further stated that A3 Ramu accompanied them on 09- 10-2007 to Bidar, M/s. Venkateswara Distillaries and introduced one Mr.Devidas, who was arrayed as A5, Manager of the company and loaded 68 white plastic cans, each can obtaining about 35 litres of rectified spirit. It is further stated that A3 Ramu telephoned to A4 Prasad, who is the Resident of Red Hills, Chennaiah and then handed over the vehicle and again on 15-10-2007 in the same vehicle they have loaded plastic cans and paid expenses and asked to bring rectified spirit from Bidar. On 16-10- 2007 at about 2:00 a.m., they filled rectified spirit in the said cans at M/s. Venkateswara Distillaries. At the time of filing the cans, A5 Devidas, allegedly present and the said spirit was brought to Red Hills and A3 had given telephone number of A4 Prasad and asked him to call. Therefore, a crime was registered. Basing on the information given regarding telephone number and named as Prasad, the name of the person was figured as A4 by showing his name as Kommu Maruthi Prasad @ Koneru Prasad and an additional charge sheet was submitted to the Court figuring the name of the petitioner as well as the name of one P.Krishna @ Kandula Krishna. It is further averred that the Police basing on the statements of the accused and telephone number, the present case was registered just because a case was registered at Nellore and therefore the present case is nothing but a chain case. Except that there is no evidence to show that the petitioner-A4 was actively involved in the said case at any point of time. It is also further stated that the petitioner filed WP.No. 28967 of 2008 and this court was pleaded to grant interim order staying all further proceedings and the writ petition was withdrawn with a liberty to the petitioner to file appropriate petition and when the matter is listed for final hearing and accordingly permission was accorded to the petitioner and the writ petition was allowed on 01- 7-2009. 7. Specific stand had been taken through false case in order to harass him without any evidence on record except saying his name as A-4 and in such circumstances, it would be just and proper to quash the proceedings. 8. As already aforesaid, whether the petitioner is a habitual offender or whether the other cases had been registered whether they are bonafide or not ? These aspects cannot be gone into at this stage. However, in the light of the nature of allegations made, this court is of the considered opinion, this aspect may have to be gone at the appropriate stage. But had any stretch of imagination it cannot be said that it is a fit matter to interfere with under section 482 of the Code of Criminal Procedure. Liberty is given to the petitioner to urge all these contentions at the appropriate stage. 9. With the aforesaid observation, the Criminal Petition stands dismissed. __________________________ JUSTICE P. S. NARAYANA. 15-03-2010. I s L THE HONOURABLE SRI JUSTICE P.S. NARAYANA CRIMINAL PETITION No. 6 8 1 4 of 2009 Circulation Entry No. 4 0 Date: 15-03-2010 Computer No. 43 Court Master: I s L