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VENKATA JYOTHIRMAI PRATAPA
Peruru Pavan Kumar – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
Seeking quashment of the proceedings against them in Crime No. 324/2019 on the file of Kadapa I Town U/G Palem Police Station registered for the offences under the Sections 420, 379 r/w 34 of the Indian Penal Code,1860[for short ‘IPC’], Accused Nos., 1 and 2 preferred this Petition.
2. The facts mentioned in the Petition, as projected through the complaint is a disturbing example on the way in which professional standards of legal profession are being maintained by a few Advocates.
3. The facts that led to filing of the present petition are;
The court highlighted that mere allegations without clear evidence of wrongful gain or loss do not suffice to establish offences under IPC Sections 420 and 379.
The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.
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.
Point of law: Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations....
The court upheld the continuation of proceedings against one accused due to specific allegations while quashing the case against another accused due to lack of allegations.
Prima facie evidence of cheating under Section 420 of the Indian Penal Code was sufficient for the Trial Court to take cognizance and proceed with the case.
Point of law : In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the off....
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