Malyala Sumanth Kumar vs. The State Of Telangana

CRLP/2143/2022HC TelanganaGSTCNR HBHC01015889202215 March 2022Bench: K.LAKSHMAN6 pages

AI SummaryRemanded

Facts

The petitioner, Valvala Sumanth Kumar (Accused No. 2), sought to quash proceedings in COR No. 145 of 2021, initiated by the Waradhannapet Prohibition and Excise Station, Warangal District. The alleged offenses are under Section 34(e) of the Telangana State Excise Act. The petitioner's involvement stems from allegations that he sold jaggery to Accused No. 1, 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 court noted that several factual aspects require investigation.

Held

The High Court declined to quash the proceedings in COR No. 145 of 2021. The Court reasoned that there were several factual aspects to be investigated by the Investigating Officer during the course of the investigation. However, considering that the punishment prescribed for the alleged offense 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, but the primary issue of quashing the proceedings was decided against the petitioner.

Key Issues

1. Whether the proceedings in COR No. 145 of 2021, initiated by the Waradhannapet Prohibition and Excise Station, Warangal District, against the petitioner (Accused No. 2) for alleged offenses under Section 34(e) of the Telangana State Excise Act, should be quashed. Petitioner's Contention: The petitioner argued that the allegations are based solely on the confessional statement of Accused No. 1 and that he possesses a trade license for selling jaggery, supported by a GST registration certificate. Respondent's (State of Telangana) Contention: The Public Prosecutor did not explicitly record arguments, but the court acknowledged that several factual aspects required investigation by the Investigating Officer.

Sections Cited

Section 34(e), Section 41-A of Cr.P.C.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

Between: lValvala Sumanth Kumar, S/o. I\ilalyala Ramchandar, Age 28 Years, Occ. Small Kiraham Shop, R/o. H.No. 5-'107,' Near ZP High School, Nekkonda l/andal, Warangal District. ...PETITIONER/ACCUSED No.2 AND The State of Telangana, through SHO Wardhanna,pet Prohibition and Excise Represented by its?ubLic Pros-ecutor, High Courl for State of Telangana at Hyderabad. ...RESPONDENT Petition under Section 482 of Cr.P.C .praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to quash the proceedings in COR No 145 of 2021 daled 07.11'2021 on the file of waradhannapet Prohibition and Excise station, warangal District, against the Petitioner/Accused no. 2 allowing offences U/s. 34 (e) of Telangana State Excise Act. HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE FIFTEENTH DAY OF IVARCH TWO THOUSAND AND TWENTY IWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITIO N NO: 2143 OF 2022 LA. NO: 2OF 2022 Petition under Section 482 o'f Cr.P.C praying that in the circumstances stated in the lr/emorandum of Grounds of criminal Petition, the High court may be pleased to grant stay of all further proceedings District including not to arrest the petitioner/ Accused no. 2 in coR No 145 of 2021 dated 07.11.2021 on lhe file of waradhannapet Prohibition and Excise station, warangal till the disposal of the l\,4ain Quash Petition in the interest of the justice l.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to dispense with filing of the original certified copy of COR No 145 of 202"l dated 07.11.2021 on the file of Waradhannapet Prohibition and Excise Station, Warangal District and before this Hon'ble Court. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Kanchani Laxmaiah, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1.

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION NO.2143 OF 2022 ORDER: This Criminal Petition is filed under Sectio n 482 of Cr.P.C., to quash the proceedings in COR No. 145 ol 2027, 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 oflences alieged 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 counsel 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 COR No. 145 o{ 2O2l 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 Officer in COR No. 145 of 2021 , 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. ' 1zo'tty 8 scc 273 .P.PADMANABHA REDDY ASSISTANT REGISTRAR //' q SECTION OFFICER To, 1 2 3 4 6 CDL The Judicial First Class [\,4agistrate , Miryalaguda. The Station House Officer, Waradhannapet Prohibition and Excise Station, Warangal District . Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] One CC to SRI KANCHANI LAXN/AIAH, Advocate [OPUC] Two CD Copies One Spare Copy gbt ./ *i^r

HIGH COURT DATED: 1510312022 ORDER CRL.P.Nq.2143 ol 2022 D]SPOSING OF THE CRIMINAL PETITION w i @

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.