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K. MANMADHA RAO
R. Triveni – Appellant
Versus
State Of Andhra Pradesh Rep By Its Principal Secretary – Respondent
ORDER :
K. Manmadha Rao, J.
This writ petition is filed declaring the action of the respondents No.2 and 3 in registering and proceeding with investigation in FIR No.131/2015 for the offence under Section 447, 506 IPC and Section 3(1)(x) of SC & ST (POA) Act 1989 of Renigunta (U) Police Station, Chittoor District, though the complaint itself discloses that there are financial disputes between the petitioners and 4th respondent and the contents of the complaint also does not satisfy the ingredients of the above said offence and thereby proceeding with the investigation, as illegal and arbitrary.
2. The main grievance of the petitioners is that the 4th respondent herein came to the petitioners and requested to advance a hand loan for their family necessities saying that the same would be repaid within a period of 2 months. Believing the same the petitioners gave an amount of Rs.10,00,000/- and at the time borrowing the said amount she executed a promissory note. Thereupon the wife of the 4th respondent herein issued a cheque bearing No.992128 dated 13.3.2015 drawn on ING Vysya Bank, Tirupati Branch. When the said cheque was presented before SBI, Settipalli branch on the same day, the s
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 main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The court emphasized the distinction between civil disputes and criminal allegations, asserting that civil matters should not be criminalized without sufficient evidence.
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 SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
The court established that criminal proceedings can be quashed only when allegations do not prima facie constitute an offence, emphasizing the need for thorough investigation.
Quashing petition under SC/ST Act dismissed as FIR allegations of caste abuse at public place prima facie disclose offences; courts accept averments at face value without evidence appreciation, civil....
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