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V. SUJATHA
K. Suvarna – Appellant
Versus
B Venugopal Rao – Respondent
ORDER :
This Criminal Petition under Section 482 of the Code of Criminal Procedure [for short Cr.P.C], seeking to quash the proceedings against the petitioners in PRC No.5 of 2019 on the file of the Judicial First Class Magistrate-cum-Special Mobile Court, Ongole, Prakasaham District, wherein the petitioners have been arrayed as accused Nos.2 to 6.
2. The brief facts of the prosecution case are as follows:
[a] the deceased Bursu Sujatha was resident of Lawyerpeta, Ongole and she is the wife of the defacto complainant i.e., Burse Venugopala Rao. Accused No.1/A1 i.e., Kunchala Hari is the adopted son and he is the youngest to all. In the year 2008, the father of the deceased one Kunchala Venkata Subbaiah died due to old age and during his life, father of the deceased had shared the properties to his sons and daughters except three houses located in Srinivasa Nagar, Tangutur. The said three houses were in possession of the mother of the deceased Kunchala Ramulamma. The accused No.1 along with his family members including the mother of the deceased are residing in one house and the remaining two houses were given on rent. After the death of their mother in the year 2015, the accused Kunch
The court established that charges cannot be sustained without adequate evidence, and magistrates must provide reasons for their decisions to ensure justice.
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 emphasized that inherent powers under Section 482 Cr.P.C. are to prevent abuse of process and secure justice, and quashing of FIR should be exercised sparingly.
The court clarified the distinction between inquest proceedings and investigation of cognizable offences, emphasizing that the registration of a case for investigation can be justified even during th....
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.
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....
The court's inherent jurisdiction under Section 482 of the Code should be exercised sparingly and with caution, and the power of quashing should be exercised only in the 'rarest of rare cases'. The c....
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
The court emphasized that the allegations, if proved, constitute an offence and should be decided in a trial, and that the court cannot appreciate evidence while considering a petition for quashing c....
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