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V. SUJATHA
Sureddy Srinivas – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
V. Sujatha, J.
The present Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 seeking quash of proceedings in C.C.No.1537 of 2018 on the file learned VI Additional Judicial Magistrate of First Class, Rajamahendravaram, for the offence under Section 353 read with 34 IPC.
2. The case of the prosecution against the accused is as follows:
The accused is resident of Jampeta, Rajamahendravaram. They are the organizers of Godavari DSC Coaching Centre which is being run in the vacant land situated opposite to Siri Hospital at Rajamahendravaram. LW9-Surada Srinivas is working as Police Constable in Anti Corruption Bureau, Rajamahendravaram and his wife is preparing for DSC TET examination. For the purpose of coaching, he admitted his wife in the said coaching centre. While so, on 10.01.2018, his wife Mahalakshmi after completion of the classes at the Coaching centre returned home and informed that the organizers are not providing any facilities like drinking water, toilets, chairs etc., due to which, she experienced some sort of inconvenience. On that, the husband of Mahalakshmi i.e. LW9 approached the Director of said coaching centre and discussed about th
The essential elements of assault under Section 353 IPC must be clearly established; mere allegations without evidence do not suffice for prosecution.
Essential ingredients of assault under Section 353 IPC must be proven, including the use of criminal force against a public servant, which was not demonstrated in this case.
Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely th....
(1) Investigation of non-cognizable cases – Even if police receives any such complaint relating to non-cognizable offence, police cannot start investigation without there being a green signal from Ma....
The essential elements required under Section 353 IPC were not established, leading to the quashing of the FIR as an abuse of process of law.
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