VENKATA JYOTHIRMAI PRATAPA
Sheik Jamal Basha – Appellant
Versus
State Of A P – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
The instant petition under Section 482 of Code of Criminal Procedure, 1973[for short ‘Cr.P.C’] has been filed by the Petitioners/Respondents/ Accused Nos.1 to 8, seeking quashment of the Order dated 10.03.2021 passed in Criminal Revision Petition No.10 of 2018 on the file of the Court of VII Additional Sessions Judge, Gudur, SPSR Nellore District.
2. The facts that led to filing of the present petition, in brief, are as follows:
b. Being aggrieved by the Order passed by the learned Magistrate, Respondent No.2 preferred Criminal Revision Petition No.10 of 2018 before the learned VII Additional Sessions Judge, Guduru. The learned Sessions Judge allowed the revision petition vide Order dated 10.03.2021 setting aside the order passed by the l
Krishnan and another v. Krishnaveni and another (1997) 4 SCC 241
Mohammed Ibrahim and others v. State of Bihar and Another (2009) 8 SCC 751
Joseph Salvaraj A. v. State of Gujarat and Others (2011) 7 SCC 59
The High Court's inherent powers under Section 482 Cr.P.C can be invoked to prevent abuse of process and ensure justice, emphasizing the need for substantial justification in criminal proceedings.
A second quashing petition under Section 482 Cr.P.C. is not maintainable if the grounds were available during the first petition, reinforcing the prohibition against repeated submissions based on pre....
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, as it constitutes an abuse of the judicial process.
The court established that civil disputes should not be mischaracterized as criminal offenses to avoid abuse of the judicial process.
The order of the Sessions Judge passed under Section 397 Cr.P.C. on an application made by any person is final in relation to such person and cannot be interfered with by the High Court in the exerci....
The presence of direct and specific allegations is crucial in determining the legality of orders and the applicability of previous judgments in similar cases.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, to prevent abuse of the judicial process.
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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