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VENKATA JYOTHIRMAI PRATAPA
Jupally Lakshmikantha Reddy, S/o. Chinna Venkata Reddy – Appellant
Versus
State of Andhra Pradesh, Rep. by Its Public Prosecutor – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
The instant petition under Section 482 of Code of Criminal Procedure, 1973, [for short ‘Cr.P.C’] has been filed by the Petitioner/Accused, seeking quashment of the proceedings against him in C.C.No.303 of 2020 on the file of the Court of Judicial Magistrate of First Class, Nandyal, Kurnool District for the offence under Section 420 of the Indian Penal Code, [for short ‘IPC’].
2. The contents of the charge sheet, in brief, are as follows :
b. Accused has been running the educational institution by creating fake no objection certificate vide RC.No.535/A2/KNL/2016, Dt. 12.09.2016, which was not issued by the Assistant District Fire Officer, Kurnool District. The Accused has been producing the No Objection Certificate from time to time renewing before the Education Department and Fire Department which is a fake one.
c. On identifying the same, the Complainant i.e., the District Fire Officer,
The court emphasized that inherent powers under Section 482 of Cr.P.C. are to prevent abuse of process and secure justice, and allegations of forgery must be proven at trial.
Point of Law : Power conferred under Section 482 of the Code to quash criminal proceedings for non-compoundable offences under Section 320 of Code can be exercised having overwhelmingly and predomina....
Necessity of following due process and previous court directions in taking legal action.
The court emphasized that the registration of FIR should not result in harassment or persecution and that the FIR should clearly disclose the commission of a cognizable offence. It highlighted the po....
The main legal point established in the judgment is that the court has the power to quash criminal proceedings sparingly and with circumspection, and that there must be prima facie materials to suppo....
The main legal point established in the judgment is the requirement of establishing the intention to harm the reputation of a party for the offence under Section 469 IPC, and the prima facie evidence....
The court affirmed that a charge-sheet can only be quashed if there is no prima facie case against the accused, emphasizing the need for sufficient evidence to proceed.
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