THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7054 of 2011 ORDER: Petitioner approaches this Court by way of invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings in C.C.No.70 of 2011 on the file of the II Additional Judicial Magistrate of First Class, Bhimavaram, West Godavari District, where he is arrayed as an accused for the offence punishable under Sections 31(1)(b) of Excise Act, 1968. The main grievance of the petitioner is that the charge sheet is not filed by the competent person and also he relied on the judgment of this Court, wherein it is observed that in the offences arising out of Excist Act, the Inspector of Police, Excise Department, should file the case before the Court, whereas, the present case is filed by the Station House Officer, who is not an official of the Excise Department. Considering the same, this Court is also of the view that the present prosecution cannot be continued against the petitioner. Hence, the proceedings in C.C.No.70 of 2011 on the file of the II Additional Judicial Magistrate of First Class, Bhimavaram, are hereby quashed. Accordingly, the Criminal Petition is allowed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _________________ RAJA ELANGO, J. 19th August 2011, Rns.