VENKATA JYOTHIRMAI PRATAPA
Annapareddy Srinivasa Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
The instant petition under Section 482 of the Code of Criminal Procedure, 1973[for short ‘Cr.P.C’] has been filed by the Petitioner/Accused, seeking quashment of the proceedings against him in Crime No.502 of 2021 on the file of the Station House Officer, Gannavaram Police Station, Vijayawada City, registered for the offences under Sections 341, 427, 506 of the Indian Penal Code[for short ‘IPC’] r/w 3(1)(g)(r)(s)(q) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989 [for short ‘Act’].
2. The brief facts of the case are as follows:
b. As such, the Complainant filed a suit for permanent injunction and the Hon’ble Court passed an interim injunction order in O.S.No.87 of 2020 in I.A.No.186 of 2020.
c. Inspite of the order of interim injunction, Accused entered into the l
Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and Others
The court established that quashing of FIRs should be rare, emphasizing the importance of allowing police investigations to proceed unless there are compelling reasons otherwise.
The court emphasized that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly to prevent abuse of process and secure ends of justice, especially when allegations do not con....
The court emphasized that inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process and ensure justice, allowing for investigation into allegations.
The court affirmed that criminal proceedings cannot be quashed solely on the basis that the allegations may also constitute a civil wrong, emphasizing the need for trial to determine the merits.
Inherent powers under Section 482 Cr.P.C. are to prevent abuse of process and secure justice, exercised sparingly, allowing investigations to proceed unless no cognizable offence is disclosed.
The court ruled that criminal proceedings should not be used to settle civil disputes and can be quashed if they do not establish a prima facie case of criminal offence.
The court established that civil disputes should not be pursued as criminal cases to prevent abuse of legal processes.
The court quashed criminal proceedings under Section 482 Cr.P.C. as the allegations did not constitute a criminal offence and were purely civil in nature.
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.
Inherent powers under Section 482 of Cr.P.C. can quash criminal proceedings when no prima facie case is established, preventing abuse of legal process.
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