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K. MANMADHA RAO, K. MANMADHA RAO
Kota Pedda Pulla Reddy, S/o Pedda Jamala Reddy – Appellant
Versus
State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad, Telangana – Respondent
ORDER :
This writ petition is filled under Article 226 of the Constitution of India for the following relief :
2. The grievance of the petitioner is that 3rd respondent has given a complaint on 16.12.2015 to the 2nd respondent police to the effect that he has taken a hand loan of Rs.4 lakhs from the petitioner in the year 2014 on execution of four promissory notes and four blank cheques and that he is demanding him to pay high interest and also insisting him to double the amount and sending his henchmen to the petitioner house to clear the amount. The said complaint has been registered by Mylavaram police Station vide Fir No.227/2015 on 16.12.2015 for the alleged offences under Sections 447, 384 and 506 IPC. As the complaint of the 3rd respondent is false and baseless, and that the petitioner has not committed a
Civil transactions cannot be criminalized; FIRs must disclose a prima facie case for investigation.
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 main legal point established in the judgment is that if the contents of the FIR disclose commission of any offence, the same cannot be quashed under Section 482 Cr.P.C.
The power under section 482 of Cr.P.C. should be exercised sparingly and only in cases where no cognizable offense is disclosed in the FIR.
A writ petition under Article 226 can be maintained to quash an FIR if it discloses cognizable offences, regardless of a pending civil suit, emphasizing the need for investigation into alleged crimin....
Point of Law : Offence of Cheating - Inherit Powers of High Court - Extraordinary and inherent power of this Court under Section 482 of Cr.P.C., do not tilt in favour of the petitioners to pass an or....
The power of quashing should be exercised sparingly, and the judiciary should not interfere with police investigations unless there is no cognizable offence disclosed in the FIR.
The High Court affirmed that quashing of FIRs should be rare, and criminal and civil remedies can coexist; the trial court is authorized to direct police investigations under Section 156(3) despite p....
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