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V. SUJATHA
P. Rajani Kumari – Appellant
Versus
State of AP – Respondent
ORDER :
V.Sujatha, J.
This Criminal Petition is filed by the petitioners/accused No.1 and 3 seeking to quash the proceedings in Cr.No.276 of 2018 of Bommuru Police Station, Rajamahendravaram (Urban) East Godavari District.
2. Brief facts of the complaint are that the 2nd respondent owns a land to an extent of 155, 502 and 507 Sq.yards in R.S.No.312/1, 312/1A near RTC complex road and he also obtained electrical connection service on the said land and continuously paying the electricity bills and he is in peaceful possession of the said land. While so, the accused Nos.1 to 3 and some others trespassed into the said land highhandedly on 17.10.2018 at about 8 P.M. at RTC complex road, Rajamahendravaram caused damage to the electric meter, tried to raise construction and also threatened with dire consequences.
3. Learned counsel for the petitioners submitted that the petitioners herein are innocents and a false case has been foisted against them. The 1st petitioner herein is mother of 2nd petitioner and the 2nd petitioner is absolute owner of the subject property. On 20.12.2013, the petitioners herein obtained injunction orders on the alleged property along with other properties against th
The court established that civil disputes should not be cloaked as criminal offenses to avoid abuse of the judicial process.
The court established that civil disputes should not be cloaked as criminal offenses to avoid abuse of the judicial process.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, as it constitutes an abuse of the judicial process.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, to prevent abuse of the judicial process.
The court established that criminal proceedings cannot be maintained when the underlying dispute is purely civil in nature.
The High Court can quash criminal proceedings under Section 482 of Cr.P.C. to prevent abuse of process when complaints are motivated by civil disputes.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, especially if a civil suit is pending.
The court emphasized that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly to prevent abuse of process and secure ends of justice, especially when allegations do not con....
The court established that civil disputes should not be pursued as criminal cases to prevent abuse of legal processes.
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