NAMALA KISHORE BABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner/Accused No.2 under section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioner, in FIR No.416 of 2020, dated 5.6.2020 on the file of Veerullapadu Police Station, Krishna District. The alleged offences against the petitioner are under sections 407 of Indian Penal Code, 1860 (for short 'IPC') and Section 7 of Essential Commodities Act,1955 (for short 'EC Act').

(2.) Heard the counsel for the petitioner and the Additional Public Prosecutor appearing for the respondent / State.

(3.) A reading of the first information report discloses that on 5.6.2020 at about 5.00 pm., on information, Sub-Inspector of Police, Veerullapadu Police station along with his staff proceeded to Timmapuram 'X' Road of Veerullapadu, intersepted the Auto bearing No. AP 16 TE 1432 and apprehended the petitioner. On questioning the petitioner, he stated that he is eking his livelihood by running the said auto. He further stated that in order to earn more money, he used to purchase petrol and diesel from the Tankers clandestinely and sell at high rates in the surrounding villages. On the basis of the said confession and on the basis of mediators report, police registered the said crime against the petitioner and another and seized the Auto bearing No. AP 16 TE 1432. Aggrieved by the same, the petitioner filed the present petition seeking to quash the said proceedings.