STATE OF A P Vs. A S PETER

JUDGEMENT

(1.) The State of Andhra Pradesh is before us aggrieved by and dissatisfied with a judgment and order dated 3.10.2002 passed by the High Court of Judicature of Andhra Pradesh in Criminal Petition No. 3955 of 2000 allowing a criminal revision application filed by the respondent herein.

(2.) Respondent (Accused No. 1) carries on business in Red Sanders hard wood and was having a godown at Renigunta in the District of Chittoor. A fire broke out in the said godown on 28/29.06.1996 resulting in destruction of red sanders hard wood, undressed wood as also nine cutting machines.

(3.) Mrs. D. Bharathi Reddy, learned counsel appearing on behalf of the appellant in support of this appeal submitted that the High Court committed a manifest error in taking the view that the investigation in question was a fresh investigation or it was imperative on the part of the investigating officer to obtain express permission from the Magistrate concerned. Decisions of this Court in Ram Lal Narang v. State (Delhi Administration) [(1979) 2 SCC 322] and K. Chandrasekhar v. State of Kerala and Others [(1998) 5 SCC 223] whereupon the High Court relied upon, Mrs. Reddy, would contend, have no application to the facts of the present case.