APHC010359652022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5423/2022 Between: Veeramallu Vamsi Krishna and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. B CHANDRA SHEKHAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following Order: The learned counsel for the petitioners submits that the petitioners are arraigned as accused Nos.1 and 2 in C.C.No.277 of 2021 on the file of the II Additional Judicial Magistrate of First Class, Bhimavaram, West Godavari District, for the alleged offences under Sections 420 and 408 r/w Section 34 of the IPC. 2. On 18.04.2020, the Prohibition and Excise Sub-Inspector, Eluru Prohibition and Excise Station, Bhimavaram, conducted a check on the stock 2 at the liquor shop, which was run by the 2nd respondent and maintained by the 1st respondent. The petitioners were working as Managers, the Superior Officer, and Watchman of the liquor shop, which was being operated under the APSBCL retail license. During the inspection, stock worth ₹7,15,380/- and 1,350 bottles of liquor were found missing. Based on the missing stock, the petitioners have been arraigned as Accused Nos.1 and 2, a charge sheet has been filed, and the same has been taken on file as C.C.No.217 of 2021. 3. It is alleged that the petitioners committed theft of the said stock and sold the same in the open market. The learned counsel for the petitioners submits that during the relevant period, the COVID-19 pandemic was prevailing, and there was no possibility for the petitioners to commit theft of as many as 1,350 bottles and sell them in the market. It is further submitted that on 20.04.2020, the entire amount was credited via bank challan. An amount of ₹7,15,380/- was deposited into the State Bank of India, Bhimavaram branch, and therefore, a case under Sections 420 and 408 of IPC against the petitioners is not sustainable. 4. The learned Assistant Public Prosecutor appearing for the State submits that the missing stock was noticed after a check was conducted. 5. Perused the record. 6. Even as per the charge sheet, there is no specific allegation that the petitioners were guilty of selling the said liquor, and none of the witnesses examined by the police have stated that the petitioners committed theft or sold 3 the said liquor in the market. On these grounds, this Court finds it appropriate to interfere. 7. Accordingly, this Criminal Petition is allowed, and C.C.No.277 of 2021, on the file of II Additional Judicial Magistrate of First Class, Bhimavaram, West Godavari District, is hereby quashed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 01.04.2025 PNS