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july 2004

Supreme Court of India · 2004-07-27

State Of Andhra Pradesh vs Golconda Linga Swamy And Anr

Citation / case number
AIR 2004 SUPREME COURT 3967
Court
Supreme Court of India
Petitioner
State Of Andhra Pradesh
Respondent
Golconda Linga Swamy And Anr
Author
Arijit Pasayat
Bench
S.N. Variava, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the High Court's quashing of FIRs under the Andhra Pradesh Excise Act, 1968 and the Andhra Pradesh Prohibition Act, 1995 was erroneous as it lacked sufficient material to justify such action. The Court emphasized that suspicion alone cannot warrant the initiation of criminal proceedings, and the exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973 should be exceptional, aimed at preventing abuse of process and securing justice. The Court reinstated the FIRs, indicating that the matter should proceed to trial for proper adjudication.

State Of Andhra Pradesh vs Golconda Linga Swamy And Anr · Niyam