Back
B. R. GAVAI, K. V. VISWANATHAN
K. Bharthi Devi – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. Leave granted.
2. The present appeal challenges the final judgment and order dated 1st September 2017 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, whereby the High Court dismissed the Criminal Petition No. 5778 of 2016 filed by the accused persons, including the appellants herein, under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) thereby seeking quashing of the charge-sheet in C.C. No. 16 of 2014 on the file of Principal Special Judge for CBI Cases, Nampally, Hyderabad (“trial Court” for short).
3. Shorn of details, the case of the prosecution is as given below.
3.1 K. Suresh Kumar (Accused No. 1), the Sole Proprietor of M/s Sirish Traders, a firm engaged in processing of Uradh Dhall, was granted various credit facilities in the group loan account by the Indian Bank, Osmanganj Branch, Hyderabad (“respondent No. 2 Bank” for short). The credit facilities were secured by collateral security executed by the accused persons including the present appellants who are Accused No. 3 & 4.
3.2 Since the borrowers/mortgagors (Accused Nos. 1-5) failed to service the interest an
Redundant criminal proceedings should not be allowed to continue.
The exercise of inherent power for quashing the FIR and consequent proceedings is justified to secure the ends of justice, especially in cases where there is no chance of recording a conviction again....
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
The main legal point established in the judgment is that the court has inherent power to quash criminal proceedings, even in non-compoundable cases, based on genuine compromises, considering the natu....
The main legal point established in the judgment is the court's authority to quash criminal proceedings based on a compromise, ensuring it aligns with the purpose of criminal jurisprudence and does n....
The power of the High Court to quash criminal proceedings under Sec. 482 of CrPC should be sparingly and cautiously exercised, and should not be used for heinous and serious offences. The timing of s....
The sparing and cautious exercise of inherent power under Section 482 of the Code of Criminal Procedure, considering the nature and gravity of the offences, the impact on society, and the possibility....
The court emphasized the need to evaluate the nature and gravity of the offences, the impact on society, and the possibility of conviction when exercising the inherent power under Section 482 of the ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
