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K. MANMADHA RAO
M. Doraswamy Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
(K. Manmadha Rao, J.) :
This writ petition is filed calling for the records relating to issuance of FIR No.48 of 2016, dated 05.09.2016 from the file of the SHO, Vedurukuppam P.S. (R4) and after perusal of the same, quash the impugned FIR dated 05.09.2016 by declaring it as illegal and arbitrary.
2. The facts of the case are that the petitioners herein are the absolute owners of the landed property of total extent of Ac 3.72 cents i.e., extent Ac.1.52 cents in Sy.No.209/2, Ac 1.23 cents in Sy.No.277/5 and Ac 0.97 cents in Sy.No.277/17 situated in Mambedu Village, Accounts, Vedurukuppam Mandal, Chittoor District. The said lands along with certain other lands of the petitioners, total extent Ac 6.64 cents were leased out in favour of one Sri P.Adinarayana, S/o Mukundaiah for agricultural purpose. It is stated that the 6th respondent herein filed a suit in O.S No.190 of 2008 before the Principal Junior Civil Judge, Puttur, seeking permanent injunction against the petitioners in respect of an extent of Ac 3.72 cents of land in Sy.Nos.209/2, 277/5 and 27/7 and the same was dismissed by the trial Court vide judgment and decree dated 10.03.2016. It is further stated that, with an in
An FIR under the SC/ST Act must include specific allegations of caste-based abuse; absence of such allegations can lead to quashing of the FIR.
The court emphasized the distinction between civil disputes and criminal allegations, asserting that civil matters should not be criminalized without sufficient evidence.
The court established that FIRs must disclose a prima facie case for criminal offences, and civil disputes should not be pursued as criminal charges.
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases, and allegations of mala fides against the informant are not a ground for quashing the criminal proce....
The court emphasized the importance of evidence and the specific elements required to establish offenses under the SC/ST (PO) Act.
The Court emphasized the importance of evidence and the absence of a motive for the complainant to falsely implicate the petitioner, leading to the quashing of the FIR.
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