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VENKATA JYOTHIRMAI PRATAPA
Kureti Venkata Sri Krishna Srimannarayana (KVSK Srimannarayana) – Appellant
Versus
State of Andhra Pradesh – 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.91 of 2019 on the file of the Court of VIII Additional Chief Metropolitan Magistrate at Gajuwaka, Visakhapatnam for the offence under Section 420 of the Indian Penal Code, 1860.,[for short ‘IPC’]
2. The contents of the charge sheet, in brief, are as follows :
b. Vide the Analysis Report, Proprietor is having FSSA License bearing No.10116028000633 but he has been using the printed covers with FSSA No.13616015000224 and details of Chintoos food 90k ida katteadem Hyderabad 50077 in which he is filling the savories manufactured and selling them to the public for huma
The court quashed proceedings under Section 420 IPC, finding no prima facie case of cheating due to lack of essential ingredients despite accepting allegations at face value.
The absence of the manufacturer as an accused in food safety violations renders prosecution against the licensee untenable, violating procedural requirements of the FSS Act.
The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.
Inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and allegations must disclose a cognizable offence for proceedings to continue.
The court quashed proceedings for cheating and intimidation, finding no prima facie case due to lack of dishonest intention and insufficient evidence.
The ingredients of the offence under Section 420 IPC must be satisfied for a criminal prosecution to be maintainable, even if a civil dispute exists between the parties. The pendency of a case under ....
The absence of fraudulent intent and the availability of alternative remedies under the Insecticides Act preclude criminal liability under IPC Section 420.
Criminal proceedings cannot be sustained against employees without specific allegations of dishonest intention; the matter is purely civil in nature.
Point of law : The making of a false representation is one of the essential ingredients to constitute the offence of cheating under Section 420 I.P.C.. In order to bring a case for the offence of che....
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