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R. RAGHUNANDAN RAO
Gogineni Ramanjaneyulu, S/o. Late Sri G. Subba Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
The petitioner is accused No.4 in C.C.No.9 of 2022 in the Court of the Special Judge for SPE & ACB Cases, Vijayawada for offences under Sections 4 20 , 120(B) r/w 34 of I.P.C and Section 7 (a) of Prevention of Corruption Act, 1988.
2. The matter was heard earlier and reserved for orders on 09.11.2022. As notices were not served on respondent No.2 and no opportunity of hearing was given to respondent No.2, the matter was reopened and notices were directed to be served on respondent No.2. Proof of service on respondent No.2 was filed by the learned counsel for the petitioner vide U.S.R.No.7374 of 2023 on 27.01.2023. The matter was posted for hearing on 01.02.2023, 15.02.2023 and 28.02.2023. As there was no representation on behalf of the respondent No.2, the matter was again reserved for orders.
3. A charge sheet has been filed against 4 persons. However, it was recorded in the charge sheet, that accused No.1 has passed away.
4. The brief background required for a proper adjudication of this petition is as follows:
5. The de facto complainant approached the Superintendent of Police, Guntur, in the year 2016, with a complaint that accused Nos.1 to 3, after receiving huge amounts o
The judgment established the principle that a second FIR for the same cause may not be permissible if the incidents could have been investigated in the first FIR, and that the abuse of power by the I....
The court affirmed that supplementary investigations can designate new accused based on ongoing inquiries, and protections against self-incrimination under Article 20(3) apply only after formal accus....
The investigating agency has the discretion to register an FIR without conducting a preliminary enquiry if the allegations disclose a cognizable offence. The choice of the check period for establishi....
Point of Law : Power under Section 482 Cr.P.C. to quash criminal proceedings, High Court would have to proceed entirely on basis of allegations made in complaint or documents accompanying same per se....
The absence of evidence proving demand for illegal gratification under the Prevention of Corruption Act led to the quashing of criminal proceedings against the petitioner.
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