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october 2008

Supreme Court of India · 2008-10-20

STATE OF A.P. vs BAJJOORI KANTHAIAH & ANR.

Citation / case number
SC 2006/90280
Court
Supreme Court of India
Petitioner
STATE OF A.P.
Respondent
BAJJOORI KANTHAIAH & ANR.
Author
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court held that the High Court of Andhra Pradesh erred in quashing FIRs filed under the Andhra Pradesh Excise Act, 1968 and the Andhra Pradesh Prohibition Act, 1995, as there was sufficient material to suggest the accused were involved in the transportation or storage of substances for illicit liquor manufacturing. The Court emphasized that the exercise of power under Section 482 of the Code of Criminal Procedure, 1973 is an exception and should not be used to preempt trial unless there is a clear absence of material. The Court reinstated the FIRs, asserting that the High Court's quashing was unjustified and an abuse of process.

STATE OF A.P. vs BAJJOORI KANTHAIAH & ANR. · Niyam