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.