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2003 Supreme(AP) 1423

V.V.S.RAO
Killaparthi Suri Appa Rao – Appellant
Versus
Sub-Inspector of Police, Devarapalli P. S. – Respondent


V. V. S. RAO, J.

( 1 ) THE second respondent gave a complaint to the first respondent alleging that the petitioner abused her against her chastity in the presence of Mandal Revenue Officer and Nodal Officer and also threatened her to kill. The first respondent registered a case in fir No. 40 of 2003 under Sections 509, 506 and 189 of the India Penal Code, 1860. Aggrieved by the same, the petitioner filed the present writ petition seeking a declaration that the action of the first respondent in registering the crime is illegal and arbitrary. The petitioner contends that the offences under Sections 189, 506 and 509 IPC are non-cognizable and bailable offences and, therefore, registration of crime is illegal.

( 2 ) THE writ petition cannot be entertained for two reasons. In effect, the petitioner is seeking to quash Crime No. 40 of 2003 of p. S. , Devarapalli.

( 3 ) BY a catena of decisions of the supreme Court, it is now well settled that in exercise of jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (Cr. P. C.), the Court can quash a FIR and prevent police from carrying on investigation if such investigation results in abuse of process of law and such investiga














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