Chitikeshi Sadashivudu vs. The State Of Telangana
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The petitioner, Chitikeshi Sadashivudu (Accused No. 2), filed a Criminal Petition under Section 482 of the Cr.P.C. seeking to quash proceedings in COR No. 19 of 2022, dated February 22, 2022, pending before the Waradhannapet Prohibition and Excise Station, Warangal District. The petitioner is alleged to have sold jaggery to Accused No. 1, and his inclusion in the crime is based on Accused No. 1's confessional statement. The petitioner claims to possess a trade license for selling jaggery and has filed a GST registration certificate. The State of Telangana, through the SHO of the Waradhannapet Prohibition and Excise Station, is the respondent. The petitioner also sought a stay of further proceedings and arrest.
Held
The Court declined to quash the proceedings in COR No. 19 of 2022. It reasoned that several factual aspects require investigation by the Investigating Officer. However, considering that the punishment prescribed for the alleged offences is below seven years, the Court disposed of the Criminal Petition by directing the Investigating Officer to follow the procedure laid down under Section 41-A of the Cr.P.C. and the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar. The petitioner was directed to cooperate with the Investigating Officer by furnishing information and documents. The Court did not expressly leave any issue undecided.
Key Issues
1. Whether the proceedings in COR No. 19 of 2022, initiated under Sections 34(e) of the Telangana State Excise Act, should be quashed against the petitioner/Accused No. 2, considering the allegations are based on the confessional statement of Accused No. 1 and the petitioner's claim of having a trade license and GST registration. Petitioner's Contention: The petitioner argued that the proceedings should be quashed as his involvement is solely based on the confessional statement of Accused No. 1. He asserted that he possesses a trade license for selling jaggery and has submitted a GST registration certificate, implying legitimate business activity. The petitioner sought to quash the proceedings under Section 482 of the Cr.P.C. Revenue's Contention: The judgment does not record any specific arguments made by the respondent (State of Telangana). However, the court noted that there are several factual aspects to be investigated by the Investigating Officer.
Sections Cited
Section 482, Section 41-A, Section 34(e)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The Court made the following: ORDER I
THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITIoN NO.2281 0F 2022 ORDER: This Criminal Petition is filed under Sectio n 4g2 of Cr.P.C., to quash the proceedings in COR No.19 ol 2022, pending on the file of Waradhannapet prohibition and Excise Station, Warangal District, against the petitioner herein. The petitioner herein is A.2 in the present crime. The offences alleged against him are under Sections 34(e) of Telangana State Excise Act.
Heard Sri Kanchani Laxmaiah, learned counsel for the petitioner and learned Public Prosecutor. perused the record.
The allegation against the petitioner herein is that he has sold the subject property i.e. jaggary to A.
According to the learned counsei for the petitioner, basing on the confessional statement of A. 1, the Investigating Officer has included the petitioner/A.2 in the present crime. According to him, the petitioner is having trade licence to sell the said jaggery but he has not filed the copy of the said trade licence. However, he has filed the GST registration certificate.
There are several factual aspects to be investigated into by the Investigating Officer during the course of investigation.
Therefore this Court is not inclined to quash the proceedings in I I I
2 COR No. 19 of 2022 pending on the file of Waradhannapet Prohibition and Excise Station, Warangal District, against the petitioner herein.
Considering the fact that the punishment prescribed for the offence alleged against the petitioner is below seven years, the Criminal Petition is disposed of directing the Investigating Ofl-rcer in COR No.19 of 2022, is directed to follow the procedure laid down under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Biharr. The petitioner shall cooperate with the Investigating Officer by furnishing the information and documents as sought by him in concluding the investigation. Miscellaneous petitions pending, if any, shall stand closed. l eolq\ 8 scc 273 .T.KRISHNA KUMAR ASSISTANT REGISTRAR //// To, 4 5 6 CDL gbr ttL SECTIOl(tOFFICER
The Judicial First Class Magistrate , at Wardhannapet .
The Station House Officer, -Wardhannapet Prohibition and Excise Station, Waranoal District .
Two Cds to Public Prosecutor, High Court for the State of Telangana, at Hvderabad [OUT] ohe cc to sRl LAXMAIAH KANCHANI, Advocate [oPUC] . Two CD Copies . One Spare Copy {.\" I
HIGH COURT DATED: 1510312022 ORDER CRLP.No.2281 of 2022 DISPOSING OF THE CRIMINAL PETITION .:- ,$ $ \tiit r:\r'' V
Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.