IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH. CRIMINAL PETITION NO: 4585 OF 2025 Between: Devireddy Thirupathi Reddy, S/o. Late Anji Reddy, Aged about 26 years, R/o. D. No. 2-48, Thurpupalli, Peddagollapalli Village, Hanumanthunipadu Mandal, Prakasam District. ...PETITIONER/ACCUSED No.1 AND 1. The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Rep by Special Enforcement Bureau Police Station Darsi, Prakasam District. ...RESPONDENT No.1 2. R.Pola Rao, S/o. Anjaiah, Occ. the then Sub-Inspector of Police, The Special Enforcement Bureau Police Station Darsi, Prakasam District. ...RESPONDENT No.2 / DE-FACTO COMPLAINANT Petition under Section 482 of Cr.P.C/ 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Charge Sheet in C.C.No.01 of 2024 on the file of the Court of the Judicial Magistrate of First Class, Darsi in so far as Petitioner/Accused No.1 is concerned and quash the same I.A. NO: 2 OF 2025 Petition under Section 482 of Cr.P.C / 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in C.C.No. 01 of 2024 on the file of the Court of the Judicial Magistrate of First Class, Darsi, Andhra Pradesh, including the appearance of the Petitioner/Accused No.1 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Papudippu Sashidar Reddy, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 The Court made the following Order: APHC010217392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY JHE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4585/2025 Between: Devireddy Thirupathi Reddy ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: II2II CRLP.4585 of 2025 THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION No.4585 of 2025 ORDER: The petitioner is seeking quash of the proceedings in C.C.No.1 of 2024 on the file of Judicial Magistrate of First Class, Darsi for the alleged offences under Section 34(a) of AP Excise Act, 1968 [for short ‘the Excise Act’]. 2. The petitioner is arraigned as Accused No.1. The learned counsel for the petitioner submits that on 20.10.2020, the 2"^^ respondent prepared a mediator report of the search conducted on Mounika Restaurant situated in Darsi at around 03.00PM. The petitioner sitting in the cash counter and certain liquor bottles bearing the seal of State of Telangana were found. Stock was seized. The petitioner is alleged to have committed offence under Section 34(a) of the Excise Act. was 3. Heard the submissions of the learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the material on record. 4. It is mandatory for the Officer to follow the procedure under Sections 54 or 55 of the Excise Act. Except for the statement that the petitioner was shown a search warrant, no other document is produced before this Court. The learned counsel places reliance on CRLP.4585 of 2025 4 the judgment of this Court in Kola Sai Teja Vs. State of Andhra Pradesh and others^ 5- In the identical facts of the in Kola Sai Teja’s case referred to recorded case, the coordinate bench of this Court supra held that in the absence of substantiating the reasonable reasons belief of the was being without such justification is criminal proceedings process of law, and the impugned proceedings therein were accordingiy quashed. investigating officer that an offence under the Excise Act perpetrated, any search conducted vitiated. Consequently, the continuation of therein was held to be an abuse of the 6. Following the judgment of a coordinate bench of this Court in Kola Sai Teja’s case referred to circumstances of the supra, and in view of the facts and case, the criminal petition is allowed and the proceedings against the petitioner in C.C.No.1 of 2024 on the file of Judicial Magistrate of First Class, Darsi, are hereby quashed. Pending miscellaneous petitions, if any, shall stands closed. 7. ^2025 see Online AP 1355 Sd/- K TATA RAO DEPUTY REGISTRAR 75- ^ //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class, Darsi, Prakasam District. 2. The Station House Officer, Special Enforcement Bureau Station, Darsi, Prakasam District. 3. One CC to Sri Papudippu Sashidar Reddy, Advocate [OPUC] 4. Two CC’s to the Public Prosecutor of High Court of Andhra Pradesh [OUT] 5. Three CD Copies MV vna HIGH COURT DATED: 25/04/2025 ORDER CRLP.No.4585 of 2025 -4 C3 If nr 2 7JUN 2025 m. 5 O Oil, ALLOWING THE CRIMINAL PETITION