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V. SUJATHA
Chitneni Kanaka Lakshmi – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
V. Sujatha, J.
This petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in C.C.No.09 of 2017 on the file of learned II Additional Judicial Magistrate of First Class, Nuzvidand the order dated 14.10.2016 in C.F.No.3538 of 2016 passed by the learned II Additional Judicial Magistrate of First Class, Nuzvid.
2. The petitioner herein is the sole accused and respondent Nos.2 and 3 are the complainants. The respondent Nos.2 and 3 herein have submitted a private complaint on the file of the II Additional First Class Judicial Magistrate, Nuzivid stating that the petitioner herein has informed them that she is the sole and exclusive owner of the property in the agreement of sale of schedule property to an extent of Acs.3.75 cents in R.S.No.8-3; that she got the said property from different vendors i.e. Acs.1.34 cents vide document No.1077/2003, Acs.0.54 cents vide document no.1322/2003,Acs.1.03 cents from Seelam Seethavaram and Acs.0.84 cents from Peduri Savithri. Believing the said information, the complainants have executed an agreement of sale on 16.06.2014 while paying an advance sale consideration of Rs.20,20,000/-. The agre
A magistrate must apply mind and provide reasoning when taking cognizance of complaints; failure to do so allows for quashing of proceedings to prevent abuse of process.
A Magistrate must apply mind and provide reasons when forwarding a complaint for police investigation under Section 156(3) of Cr.P.C.
Point of law: Cheating – private complaint - Court has to examine whether the material on record is sufficient and whether the Magistrate is satisfied with the allegations in the complaint
(1) If once court of competent jurisdiction did not take cognizance of offences when a complaint was made and said order became final, another complaint on same allegations though filed by complainan....
Point of law : Whenever a Magistrate decides to refer a complaint to investigation by police under Section 156(3) Cr.P.C., he does not take cognizance, he awaits the filing of charge sheet and takes ....
The Magistrate must conduct an inquiry under Section 202 Cr.P.C. before issuing process against accused residing outside jurisdiction to prevent harassment through false complaints.
A Magistrate must provide reasons and apply judicial mind before directing police investigations under Section 156(3) of Cr.P.C.
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