STATE OF ANDHRA PRADESH Vs. ARAVAPALLY VENKANNA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by learned Single Judge of the Andhra Pradesh High Court allowing the prayer made by the appellant to quash the FIR in Crime No. 433/2002-2003 of Prohibition and Excise Station, Mahabubabad, Warangal District registered under Section 7-A read with Section 8(e) of A.P. Prohibition Act, 1995 read with Section 109 of the Indian Penal Code, 1860 (in short the IPC ). The Petition was filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the 'Code')-

(3.) In support of the appeals. learned Counsel appearing for the State of Andhra Pradesh submitted that the High Court's approach is clearly erroneous. These are not cases where there was no material to show the commission of a crime. Whether there was adequate material already in existence or which could have been collected during investigation and their relevance is essentially a matter of trial. The High Court was not therefore justified in quashing the FIR. The exercise of power under Section 482 of the Code is clearly indefensible.