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SANJAY KAROL, VIPUL M. PANCHOLI
Rocky – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
VIPUL M. PANCHOLI, J.
1. Leave granted.
2. This appeal challenges the final order dated 19.02.2025 passed by the High Court of Telangana at Hyderabad in Criminal Petition No. 1022 of 2019, whereby the High Court partly allowed the application of the appellant under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as “the CrPC”) by quashing cognizance under Section 406 of the Indian Penal Code, 1860 (hereinafter referred as “the IPC”), while maintaining cognizance under Sections 420, 344 and 506 of the IPC.
3. The dispute arises from contractual and financial dealings between appellant (accused no. 2) and respondent no. 2 (complainant) relating to construction work undertaken between 2008-2010. A No Dues Certificate dated 10.06.2010 was issued by respondent no. 2 and acknowledged on 12.06.2010. Subsequent disputes arose, culminating in cross- allegations.
4. FIR No. 240 of 2015 was lodged by respondent no. 2 against appellant under Sections 420 and 506 of the IPC. After investigation, Charge Sheet No. 07 of 2016 was filed against appellant under Sections 420, 406, 344 and 506 of the IPC and the matter was registered as C.C. No. 1374 of 2016 before the
Cheating, wrongful confinement and criminal intimidation – Existence of civil remedies does not preclude criminal prosecution where allegations disclose essential ingredients of an offence – Civil an....
Criminal proceedings cannot cloak civil disputes; FIR must disclose offence ingredients, and evidence evaluation is not permissible at quashing stage.
(1) Quashing of criminal case – Jurisdiction under Section 482, Cr.P.C. is extraordinary in nature and is to be exercised with great caution – High Court must avoid usurping function of trial court o....
(1) A bonafide criminal case cannot be stifled at threshold by High Court.(2) In order to examine as to whether factual contents of FIR disclose any cognizable offence or not, High Court cannot act l....
Civil disputes should not be criminalized; lack of fraudulent intent and delay in filing complaint vitiate criminal proceedings.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
Redundant criminal proceedings should not be allowed to continue.
Criminal proceedings cannot be initiated for civil disputes; a prima facie case must exist to avoid abuse of legal processes.
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