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VENKATA JYOTHIRMAI PRATAPA
P. Govindaa Rajan – 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 to quash the proceedings against him in C.C.No.404 of 2019 on the file of the Court of Judicial Magistrate of First Class, Punganur for the offence punishable under Section 507 of Indian Penal Code,1860[for short ‘IPC’].
2. The case of the prosecution, in brief, is as follows:
b. As such, the Complainant lodged a complaint which was registered as a case in Crime No.154 of 2019 for the offence under Section 507 IPC read with 155(3) Cr.P.C.
c. After completion of investigation, Police filed charge sheet against the Petitioner and the same was numbered as C.C.No.404 of 2019 on the file of the Court
Allegations must disclose an offence; mere threats without intent to cause alarm do not meet the threshold for criminal intimidation under IPC.
The absence of intention to cause fear or alarm is crucial for establishing an offence under IPC Section 505(1)(b).
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.
Vague allegations without specifics cannot constitute offenses under Sections 504 and 506 IPC; the continuation of such proceedings amounts to abuse of process.
The court emphasized the importance of freedom of the press and the need to exercise inherent powers to prevent abuse of process of law.
The court established that distinct allegations in separate FIRs can justify the continuation of criminal proceedings.
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