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VENKATA JYOTHIRMAI PRATAPA
N. Shankar Prasad, S/o. N. S. N. Murthy – Appellant
Versus
State of Andhra Pradesh, Represented by Public Prosecutor – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973, [in short ‘Cr.P.C.’] has been filed, by the Petitioner/Accused No.5, seeking quashment of the proceedings against him in C.C.No.975 of 2019 on the file of the Court of V Additional Judicial Magistrate of First Class, Kakinada, for the offences under Sections 409, 420, 120B, 201, 203, 213, 217, 218 and 221 read with 34 of Indian Penal Code, 1860, [In short ‘I.P.C.’].
2. The contents of the complaint, in epitome, are as follows:
The court clarified that the need for sanction under Section 197 Cr.P.C. is to be determined during trial, not at the quashment stage.
The court affirmed that mere availability of civil remedies does not negate criminal liability, allowing the investigation to proceed based on sufficient prima facie allegations.
The court established that prima facie evidence of police misconduct necessitates further investigation under the IPC and the Prevention of Corruption Act.
A second petition seeking to quash criminal proceedings was deemed non-maintainable under Section 482 due to the lack of new grounds or circumstances, with emphasis on ensuring full judicial trial fo....
Inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and allegations must disclose a cognizable offence for proceedings to continue.
The acquittal of a co-accused does not automatically entitle other accused to quash proceedings; each case must be evaluated on its own merits.
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