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VENKATA JYOTHIRMAI PRATAPA
Suresh Khandelwal – Appellant
Versus
N. Mohan Naidu – 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 Petitioner/Accused No. 1 seeking to quash the proceedings against him in Crime No. 112 of 2020 on the file of Srikalahasti Rural Police Station, Tirupati Urban Police District, which was registered for the offences punishable under Sections 341, 500 and 506 read with 34 of Indian Penal Code, 1860 [for short ‘I.P.C.’].
2. The case put up by complaint, in brief, are as follows:
(b) As such, the Complainant gave a complaint against Accused Nos.1 and 2 to the Police, based on which, a case in Crime No. 112 of 2020 was registered by Srikalahasti
The court ruled that allegations under Section 500 IPC are not maintainable without a private complaint, and no wrongful restraint or criminal intimidation was established against the petitioner.
The absence of specific allegations in a defamation complaint and unexplained delays in filing can warrant quashing of proceedings as abuses of process of law.
In cases of criminal defamation, the magistrate cannot direct the police to register a crime and investigate the offense under Section 500 of the IPC, as established by the judgments of the Apex Cour....
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