Back
V. SUJATHA
Bolisetti Narasimha Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
V. SUJATHA, J.
This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in C.C.No.699 of 2018 on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Eluru, West Godavari District, registered for the offence punishable under Sections 409, 420, 506, 323, 441 read with 34 of Indian Penal Code (for short “I.P.C.”).
2. Petitioners herein are accused Nos.2 and 3. Respondent No.2 is the complainant. On 29.09.2015, respondent No.2 filed a private complaint under Section 190 (1a) of Cr.P.C. before the II Additional Judicial First Class Magistrate, Eluru alleging that he is the son of late Chalamalasetti Subrahmanyeswara Rao, who retired from service as Deputy Superintendent of Police. Accused No.1 is Sri Vijaya Sowbhagya Properties Private Limited, Hyderabad, represented by Directors and Partners-accused Nos.2 and 3. Accused No.2 is the husband of accused No.3 and they are doing Real Estate business. On 10.09.2007, accused Nos.2 and 3 approached late Chalamalasetti Subrahmanyeswara Rao, who is the father of the complainant and the complainant at their residence and induced them with a fa
Delay in filing a complaint can be fatal to the prosecution, especially when the accused's involvement is not substantiated.
A mere breach of contract does not constitute criminal liability under IPC unless fraudulent intent is established at the time of inducement.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
Inordinate delay in filing of criminal proceeding amounts to abuse of process of law.
Direction for Police investigation – Order of Magistrate should reflect that he has applied his mind to facts of case and law applicable to and it has to examine nature of allegations made in complai....
Power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the Code.
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
