VENKATA JYOTHIRMAI PRATAPA
K. Rangappa – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
VENKATA JYOTHIRMAI PRATAPA, J. - The instant petition under Sec. 482 of Code of Criminal Procedure, 1973.[In short 'Cr.P.C'] has been filed by the petitioners/A.1 to A.3, seeking to quash the proceedings in F.I.R.No.142 of 2019 of Somandepalli Police Station, which was registered against them for the offences punishable under Ss. 420, 355, 323 of Indian Penal Code, 1860.[In short 'I.P.C.'] and Sec. 3 (1) (r) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.[In short, Atrocities Act, 1989.]
2. Heard Sri Kata Sambasiva Rao, learned counsel for the petitioners and Ms. Prasanna Lakshmi, learned Asst. Public Prosecutor representing the State and the de-facto -Complainant, who is respondent No.2 herein.
3. Case of the petitioners/A-1 to A-3 succinctly is that, a false case was alleged against them in Crime No, .142 of 2019 of Somandepalli P.S., stating that on 27/12/2019, they took an amount of Rs.4, 00, 000.00 from the de-facto Complainant by offering a job to his son, but failed to provide any job. The de-facto Complainant and his wife approached the Petitioner No.1 and questioned him, then the Petitioner Nos., 1 to 3 beat him with Chapp
Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre.
The court emphasized the need for compelling reasons of abuse of process of law or glaring injustice to invoke the inherent powers of the High Court and highlighted the need for circumspection and ca....
In exercise of power under Section 482 of Cr.P.C., Court does not examine the correctness of allegations in a complaint except in exceptionally rare cases where it is patently clear that allegations ....
The court emphasized that inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process and ensure justice, allowing for investigation into allegations.
(1) When challenge lies to entire proceeding of a case registered under SC/ST Act, High Court could entertain the case under its inherent jurisdiction to secure end of justice – High Courts are not m....
The High Court retains inherent powers under Section 482 Cr.P.C. to quash proceedings under the SC/ST Act, even when statutory remedies exist, to prevent abuse of process and secure justice.
The inherent jurisdiction under Section 482 of the Code should be exercised sparingly and with caution, and the Court cannot function as a Court of Appeal or Revision.
Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing ....
The court quashed proceedings against petitioners as allegations did not constitute offences under IPC or SC/ST Act, emphasizing the necessity of prima facie grounds for prosecution.
The court quashed proceedings against petitioners as allegations did not constitute an offence under the SC/ST Act, emphasizing the need for prima facie grounds for prosecution.
The power of quashing criminal proceedings under Section 482 of the Code should be exercised sparingly and only in exceptional cases where no cognizable offense is disclosed in the FIR.
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