HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.3513 of 2​011 ORDER:- This petition is filed under Section 482 of the Code of Criminal Procedure (for short Cr.P.C) to quash the proceedings in P.R.No.4 of 2011-2012 on the file of the Prohibition and Excise P.S., Maheshwaram, Ranga Reddy. 2. Heard petitioner’s counsel. 3. The prosecution version is that petitioner drove a vehicle in which I.D.Liquor was transported and when the vehicle was intercepted or was going to be intercepted, the petitioner fled away. The incident is said to have been registered as P.R.No.4 of 2011-2012 of Prohibition & Excise P.S., Maheswaram. The offence alleged is under Section 7-A read with 8(e) of A.P.Prohibition Act. 4. The plea of the petitioner is that he suffered a fracture in his both legs and he is not in a position to drive the vehicle and he has been falsely implicated and therefore the F.I.R should be quashed on that ground. 5. A perusal of the copies of the medical certificates filed by the petitioner would show that he suffered a fracture only in his right lower limb in 2005 but not both the lower limbs. In addition to this, the petitioner has also raised a plea of alibi and also he has taken a plea that he has no driving license and that he cannot drive a motor vehicle. All these pleas fall within the realm of the disputed questions of fact and they have to be ascertained only by the investigating officer. As matter stand because of a fracture in one lower limb which occurred in 2005, it cannot be straight away concluded here now in these proceedings that the petitioner cannot drive a vehicle notwithstanding his plea that he has no driving license. 6. So far as the allegations in the F.I.R are concerned they do disclose an offence of transportation of I.D. Liquor which is an offence. In these circumstances, I regret that I am unable to agree with the petitioner’s counsel that there is a ground for quashing the F.I.R. 7. Accordingly, the Criminal Petition is dismissed. _____________________________ JUSTICE N. RAVI SHANKAR 25th April 2011 Vjl