KUNDARAPU KRISHNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner/accused No.5 (For short, 'A- 5') under Section 482 of Cr.P.C. seeking to quash proceedings in Crime No.141 of 2009, pending on the file of Sangem police station, Warangal district, registered for offence punishable under Section 34 (a) of the A.P. Excise Act, 1968 (For short, 'The Act').

(2.) Whereas the petitioner is A-5, the respondent No.2 is the complainant in the Criminal Case. For the sake of convenience, I refer the parties as arrayed in the Criminal Case from now onwards.

(3.) The case of the prosecution in brief is as follows : On 20-08-2009 as per the instructions of Excise Circle Inspector, Mamnur the complainant along with P.C. Nos.1558 and 2040 conducted patrolling at Thimmapur village, having got reliable information that A-1 to A-4 were selling liquor purchased from A-5 at their kirana shops without any license and valid permission, surprised the house/kirana shop of A-5 and found Indian Made Foreign Liquor (For short, 'IMFL') and seized from A-1 to A-4 the following material (bottles) in the presence of two mediators at Thimmapur village :