SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(AP) 899

T.SUNIL CHOWDARY
Edara Sambasiva Prasad – Appellant
Versus
State Through SHO Mangalagiri Rural P. S. , Rep. by its Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioners:Masthan Naidu, Advocate.
For the Respondent:R1, Additional Public Prosecutor, R2, M. Chalapathi Rao, Advocate.

Judgment :

1. This petition is filed under section 482 Cr.P.C to quash the proceedings in S.C.No.225 of 2011 on the file of Additional Assistant Sessions Judge, Mangalagiri.

2. Sri Ch.Masthan Naidu, the leaned counsel for the petitioners submitted that the criminal proceedings against the petitioners are liable to be quashed for the following reasons:

i. The allegations made in the charge sheet do not satisfy the basic ingredients of Section 107 and 306 IPC,

ii. The petitioners were falsely implicated in this case by the de-facto complainant with a malafide intention, and

iii. There is no nexus between the alleged incident of uttering the words by the petitioners and suicide committed by the deceased.

3. Per contra, Sri M. Chalapathi Rao, the learned counsel for the second respondent would submit that as the allegations made in the charge sheet constitute the offences alleged to have been committed by the petitioners, this is not a fit case to quash the proceedings against the petitioners by invoking the inherent jurisdiction under Section 482 Cr.P.C.

4. Before adverting to the factual aspects of the case, I feel it apt to refer to the case law cited by both the counsel. The lea










































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top