IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA, J.
Sirigiri Venkatesh and Others - Appellants
Versus
The State Of Andhra Pradesh and Others – Respondents
Criminal Petition No. 9774 of 2018
Decided on : 20-08-2024
Quash - Criminal Proceedings - Cr.P.C. Section 482 - The court discussed the inherent powers under Section 482 of the Cr.P.C. to quash proceedings that abuse the process of law, emphasizing the necessity of reasoned orders and the importance of preventing injustice.
Fact of the Case:
The petitioners sought to quash a protest complaint filed against them after a police investigation deemed the initial complaint false. The respondent alleged assault by the petitioners, while the petitioners claimed the respondent initiated the conflict.
Finding of the Court:
The court found that the lower court's order lacked reasoning and that the complaint was a counterblast to a previous conviction against the respondent, thus constituting an abuse of process.
Issues: Whether the complaint against the petitioners in CC.No.183 of 2018 should be quashed under Section 482 of Cr.P.C. due to lack of reasoning and abuse of process.
Ratio Decidendi: The court held that the lack of reasoning in the lower court's order and the nature of the complaint as a retaliatory measure warranted quashing the proceedings.
Result: The petition is allowed, and the proceedings in C.C.No.183 of 2018 are quashed.
ORDER :
This petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in C.C.No.183 of 2018 (Protest Petition) on the file of the Judicial Magistrate of I-Class Nandaluru.
2. Accused Nos.1 to 15 are the petitioners herein and respondent No.2 is the complainant. The respondent No.2 has submitted a complaint to the Sub Inspector of Police, Penagaluru Police Station, stating that he is a cooli worker; that on 03.05.2015 at 08.30pm, when he went to the public tap to get drinking water, found the 6th petitioner herein washing clothes and when he requested her to go aside, the 6th respondent has abused the respondent No.2 herein in filthy language. Subsequently, the respondent No.2 was pushed down and was beat by the petitioner Nos.1 to 5 herein and while so, he was also bet with stick on the left side of his head and also on his chest, which caused him a bleeding injury. Subsequently, the respondent No.2 was admitted in Government Hospital, Rajampet for treatment by one Kanche Sreenivasulu and Kayala Rajamohan. Basing on the said complaint, the Police have registered F.I.R.No.22 on 05.05.2015 against the petitioner Nos.1 to 5 herein, for the offences punishable under Section 324 read with 34 of IPC.
3. Thereafter, the Sub-Inspector of Police, Penagalur Police Station has continued further investigation and addressed a letter to the Sub- Divisional Police Officer, Rajampet Sub-Division on 17.07.2015, the relevant portion of the same is extracted hereunder:
4. Upon receiving the aforesaid letter dated 17.07.2015, the Sub- Divisional Police Officer, Rajampet vide R.C.No.199/SDPO-RJPT/15, dated 17.07.2015 has permitted to refer the case as “false”. Aggrieved by the same, the respondent No.2 has filed a private complaint (protest complaint petition) on 02.02.2018 on the file of the Judicial Magistrate of I-Class, Nandaluru against the petitioners herein under Sections 147, 148, 324, 323, 506 read with 149 of IPC. Upon such protest complaint petition, the learned Magistrate on 06.08.2018 has taken cognizance of the said complaint under the aforesaid sections and issued summons to the petitioners herein. The present criminal petition is filed seeking to quash the complaint in C.C.No.183 of 2018 on the file of learned Judicial Magistrate of I-Class, Nandaluru.
5. During the course of arguments, learned counsel for the petitioners while reiterating contentions raised in the petition has further contended that on 03.05.2015, when the 6th petitioner herein was fetching water at a public tap, she was abused by the 2nd respondent and his brother in filthy language and beat her. The same was reported to the Police and after investigation a case in C.C.No.108 of 2015 was filed wherein the respondent No.2 and his brother are accused
The court emphasized the necessity of reasoned orders in judicial decisions and the inherent power to quash proceedings that constitute an abuse of the legal process.
The court quashed proceedings against the accused due to lack of prima facie evidence and emphasized the need for specific overt acts in cases under the SC/ST Act.
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.
The court reaffirmed that inherent powers under Section 482 of Cr.P.C. cannot be used to quash proceedings where allegations prima facie constitute an offense.
Judicial orders must be reasoned, and relatives in matrimonial disputes should not be implicated without specific allegations.
The court established that civil disputes should not be mischaracterized as criminal offenses to avoid abuse of the judicial process.
A Magistrate must apply mind and provide reasons when forwarding a complaint for police investigation under Section 156(3) of Cr.P.C.
The Magistrate must provide reasons for ordering an investigation under Section 156(3) of Cr.P.C., and failure to do so warrants quashing of the proceedings.
The court established that charges cannot be sustained without adequate evidence, and magistrates must provide reasons for their decisions to ensure justice.
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.
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