VENKATA JYOTHIRMAI PRATAPA
Muthey Venkata Sai Lakshmi – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. The instant petition under Section 482 of Code of Criminal Procedure, 1973 [for short ‘Cr.P.C.’] has been filed by the Petitioners/Accused Nos. 1 and 2 seeking quashment of proceedings against them in S.C. No. 43 of 2019 on the file of Special Court of SC & STs (PoA) Act-cum-XI Additional District & Sessions Judge, Visakhapatnam for the offences under Sections 354-A and 506 read with 34 of the Indian Penal Code [for short ‘IPC’] and Section 3 (1) (r) (s) (a), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for short ‘the Act’].
2. The case of the prosecution, in brief, is as follows:
(b) Accused Nos. 1 and 2, are the relatives of the Doctor. Accused No. 1 underwent a surgery in the hospital and she was inpatient for about 15 days in the said hospital. Accused No. 1 bore grudge against
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 an offence under the SC/ST Act, emphasizing the need for prima facie grounds for prosecution.
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.
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 emphasized the need for compelling reasons of abuse of process of law or glaring injustice to invoke the inherent powers of the High Court and highlighted the need for circumspection and ca....
Insults under the SC/ST Act must occur in public view; absence of this element negates the offence.
The court quashed proceedings under the SC/ST Act due to lack of public view in the alleged incident, emphasizing the need for specific ingredients to establish the offence.
Point of law : Insulting/hurting anyone’s feelings on account of his caste, religion, tribe, language, etc., deprecated. The learned counsel referring these judgments vehemently contended that the co....
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