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VENKATESWARLU NIMMAGADDA
T. Raja Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
VENKATESWARLU NIMMAGADDA, J. - This Criminal Petition is filed by the petitioner/accused, under Sec. 482 Cr.P.C., seeking quashment of the proceedings against him in respect of Crime No.151 of 2016 of Ponnuru Urban Police Station, Guntur District, which was registered for an offence punishable under Sec. 376-E IPC.
2. The case of the petitioner, in nutshell, is that he is a doctor and running a hospital in the name of "Praja Vaidyasala" (People Hospital) with an object to serve the poor and weaker Sec. at a nominal fee. He is also the President of the A.P. Civil Liberties Committee, Guntur District, and he is aged about 60 years. In respect of a dispute between his distant relatives, when the petitioner approached T. Sandole Police Station and questioned the misbehavior of the police, they manhandled and abused him in the name of social status. Then, the petitioner submitted a representation to the higher authorities concerned seeking to initiate action against the misbehaved police officers. As there was no response, the petitioner filed a private complaint against the Sub-Divisional Police Officer, the Inspector of Police and three other police officials in CFSR No.16 of 2
The court held that the police had not conducted a preliminary inquiry before filing the complaint against the petitioner, as required by law, and that the alleged offense fell under the definition o....
The court emphasized that the inherent powers vested in the High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly and declined to quash the proceedings based on....
A negative final report does not bar further investigation and prosecution in cases of medical negligence requires substantial expert evidence.
The court emphasized the requirement of gross negligence and high recklessness to fasten criminal liability on doctors.
The main legal point established is the power of the High Court to quash criminal proceedings under Section 482 of the CrPC if they are manifestly frivolous or vexatious, and if instituted with an ul....
It being a settled principle of law that to exercise powers under Section 482 CrPC, complaint in its entirety shall have to be examined on basis of allegation made in complaint.
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