VENKATA JYOTHIRMAI PRATAPA
Peeka Kamalakar Rao, S/o. Sudarsanam – 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 No.3 seeking to quash the proceedings against him in Crime No.145 of 2020 on the file of Repalle Town Police Station, Guntur District, which was registered for the offences punishable under Sections 354D and 509 of Indian Penal Code, [For short ‘I.P.C’], and Section 3 (2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, [For short ‘the Act’].
2. The allegations mentioned in the complaint, in brief, are as follows:
b. At about 6.30 p.m., she received a video clip in WhatsApp regarding her conversation with Accused No.1 at the afternoon.
c. On enquir
The court quashed proceedings against the accused as allegations did not prima facie constitute an offence under the relevant sections of law.
Insults under the SC/ST Act must occur in public view; absence of this element negates the offence.
The court quashed proceedings against petitioners as allegations did not constitute an offence under the SC/ST Act, emphasizing the need for prima facie grounds for prosecution.
The court emphasized that quashing proceedings requires compelling reasons, particularly when allegations are vague and unsupported by evidence.
The court quashed proceedings against the accused due to lack of prima facie evidence and emphasized the need for specific overt acts in cases under the SC/ST Act.
The court quashed proceedings against petitioners as allegations did not constitute offences under IPC or SC/ST Act, emphasizing the necessity of prima facie grounds for prosecution.
The court quashed proceedings against the accused due to lack of prima facie evidence and emphasized the need for compelling reasons to invoke inherent powers under Section 482 Cr.P.C.
The court established that quashing of FIRs should be rare, emphasizing the importance of allowing police investigations to proceed unless there are compelling reasons otherwise.
The court emphasized that inherent powers under Section 482 Cr.P.C. are to prevent abuse of process and secure justice, and quashing of FIR should be exercised sparingly.
The court emphasized that inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process and ensure justice, allowing for investigation into allegations.
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