THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.470 of 2010 Dated : 04.02.2010 Between : Islawauth Thara Singh ….. Petitioner/Accused a n d The State of A.P. ….. Respondent THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.470 OF 2010 ORDER : This criminal petition under Section 482 of Cr.P.C. is filed by the petitioner-Accused seeking to quash the proceedings in C.O.R.No.225 of 2004-2005 of Prohibition & Excise Station, Bhongir, Nalgonda District, registered for the offence punishable under Section 34 (a) of A.P. Excise Act. 2) Heard. 3) The allegations against the petitioner are that on 04.10.2004 at 1.00 p.m. at Hyderabad X Road, Bhongir, the petitioner was found illegally transporting toddy from Nallavelli Sendhi Tope to Thukaramgate Toddy shop, Hyderabad. 4) Learned counsel for the petitioner contends that the offence was committed by the petitioner on 04.10.2004 and till now no charge sheet is filed. As such the offence is barred by limitation, which is not disputed by the learned Additional Public Prosecutor as a period of 5 years has lapsed. As the alleged offence under Section 34 (a) of A.P. Excise Act is punishable with imprisonment for a term not exceeding three years, proceedings against the petitioner are liable to be quashed in terms of Section 468 of Code of Criminal Procedure. 6) Therefore, this criminal petition is allowed quashing the proceedings against the petitioner in C.O.R.No.225/2004-2005 of Prohibition & Excise Police Station, Bhongir, Nalgonda District. ______________________ P.SWAROOP REDDY, J 4th February, 2010 SUR