Back
CHEEKATI MANAVENDRANATH ROY
Smt. H. Malleswaramma – Appellant
Versus
State of Andhra Pradesh & Anr. – Respondent
ORDER
1. This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of F.I.R in Crime No.330 of 2021 of Devanakonda Police Station, Kurnool District.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are A-1, A-3 and A-4 in Crime No.330 of 2021 of Devanakonda Police Station, Kurnool District. On a report lodged by the 2nd respondent, who is the de facto complainant, that the petitioners have attacked him and beat him and also outraged the modesty of his wife, a case in the above crime for the offences punishable under Sections 341, 323, 324, 354, 506 r/w 34 IPC was registered against the petitioners. The said case is now under investigation.
4. Learned counsel for the petitioners would submit that the petitioners have lodged a report with police against the 2nd respondent and as the same was not registered as an F.I.R that they approached the Superintendent of Police and on his directions, the F.I.R was registered against the de facto complainant and that thereafter the de facto complainant lodged the present report with a delay of 30 days and as such
Allegations in the FIR warrant investigation to determine their truth, and grounds for quashing the FIR must be valid under Section 482 Cr.P.C.
The Court has the authority to direct the completion of investigation and filing of a final report by the police in pending cases.
The court cannot interfere to quash the F.I.R or interdict the investigation under Section 482 Cr.P.C when the F.I.R prima facie discloses commission of cognizable offences and requires investigation....
Delay in filing FIR is not fatal to the prosecution case, and the truth of allegations is to be ascertained in the final adjudication of the case.
The court quashed the F.I.R under Section 303(2) BNS 2023 based on a compromise between the parties.
The main legal point established in the judgment is that a second complaint relating to the same incident is not prohibited under the Code, and if it presents a different version with additional alle....
The court cannot assess the truthfulness of allegations in an FIR at the quashing stage; it must determine if the FIR discloses a prima facie case for proceeding.
The right of the Investigating Agency to conduct investigations requires reasonable time unless no cognizable offence is disclosed.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
