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july 2004

Supreme Court of India · 2004-07-27

STATE OF A.P. vs GOLCONDA LINGA SWAMY

Citation / case number
SC 2002/23454
Court
Supreme Court of India
Petitioner
STATE OF A.P.
Respondent
GOLCONDA LINGA SWAMY
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 mere suspicion 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. The Court reinstated the FIRs, asserting that the adequacy of evidence is a matter for trial, not pre-trial quashing.

STATE OF A.P. vs GOLCONDA LINGA SWAMY · Niyam