T.SUNIL CHOWDARY
Edara Sambasiva Prasad – Appellant
Versus
State Through SHO Mangalagiri Rural P. S. , Rep. by its Public Prosecutor – Respondent
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
Sanju Alias Sanjay Singh Sengar Vs. State of M.P (2002) 5 SCC 371)
M. Mohan Vs. State Represented by the Deputy Superintendent of Police (AIR 2011 SC 1238)
Amalendu Pal Alias Jhantu Vs. State of West Bengal (2010) 1 SCC 707)
Randhir Singh v. State of Punjab (2004) 13 SCC 129)
State of W.B. v. Orilal Jaiswal (1994) 1 SCC 73)
Kishori Lal Vs. State of M.P (2007) 10 SCC 797)
Chitresh Kumar Chopta Vs. State (Government of NCT of Delhi) (2009) 16 SCC 605)
Ramesh Kumar Vs. State of Chhattisgarh (2001) 9 SCC 618)
G.Sagar Suri and another Vs. State of U.P (AIR 2000 SC 754)
Manoj Mahavir Prasad Khaitan Vs. Ram Gopal Poddar and Another (2010) 10 SCC 673)
Rajiv Thapar v Madan Lal Kapoor (2013 (3) SCC 330)
State of Bihar v. P.P. Sharma & Anr (AIR 1991 SC 1260)
Sheo Nandan Paswan v. State of Bihar & Ors (AIR 1987 SC 877)
Madhu Limaye Vs. State of Maharashtra (1977) 4 SCC 551)
Padal Venkata Rama Reddy @ Ramu Vs. Kovvuri Satyanarayana Reddy and others (2011) 12 SCC 437)
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