Burri Kiran v. The State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.5794 OF 2015 ORDER:

This Criminal Petition is filed by the petitioner/owner of vehicle under Section 482 Cr.P.C to quash the order dated 15.06.2015 in Crl.M.P.No.1862 of 2015 in P.R.No.500/2014-2015 passed by the Judicial Magistrate of First Class, Miryalaguda.

Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the State/ respondent No.1.

Perused the material on record. There are no grounds to admit the application much less to interfere with the impugned order passed by the learned Magistrate holding that only Deputy Commissioner of Excise alone got jurisdiction.

Having regard to the above, this criminal petition is disposed of with the observation that remedy is left open to the petitioner to approach the Deputy Commissioner of Excise under Sections 12 and 13(e) of the A.P.Prohibition Act and in such an event, the Deputy Commissioner of Excise after hearing the petitioner, shall pass appropriate order with necessary conditions, preferably within one month from the date of receipt of a copy of this order.

Accordingly, this criminal petition is disposed of. Miscellaneous petitions pending if any, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date: 02-07-2015 pab