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VENKATA JYOTHIRMAI PRATAPA
Rayapati (Maddipati) Sailaja – Appellant
Versus
State Of Andhra Pradesh – 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 Petitioner/Accused seeking quashment of proceedings against him in Crime No.77 of 2021 on the file of Thulluru Police Station, Thulluru, Guntur District registered for the offences under Sections 294 and 506 of the Indian Penal Code[for short ‘IPC’] and Section 3 (1) (r) (s) and 3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989[for short ‘the Act’].
2. Facts of the case, in epitome, are as follows:
Insults under the SC/ST Act must occur in public view; absence of this element negates the offence.
The court quashed proceedings under the SC/ST Act due to lack of public view in the alleged incident, emphasizing the need for specific ingredients to establish the offence.
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
The court quashed proceedings against petitioners as allegations did not constitute an offence under the SC/ST Act, emphasizing the need for prima facie grounds for prosecution.
The court emphasized that quashing proceedings requires compelling reasons, particularly when allegations are vague and unsupported by evidence.
The court quashed proceedings against petitioners as allegations did not constitute offences under IPC or SC/ST Act, emphasizing the necessity of prima facie grounds for prosecution.
The court quashed criminal proceedings against the accused, determining that the allegations were civil in nature and lacked prima facie evidence of criminal wrongdoing.
In exercise of power under Section 482 of Cr.P.C., Court does not examine the correctness of allegations in a complaint except in exceptionally rare cases where it is patently clear that allegations ....
The court quashed proceedings against the accused due to lack of prima facie evidence and emphasized the need for compelling reasons to invoke inherent powers under Section 482 Cr.P.C.
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