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VENKATA JYOTHIRMAI PRATAPA
G. Satyanarayana – Appellant
Versus
State Of Andhra Pradesh, Represented – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
The instant petitions under Section 482 of Code of Criminal Procedure, 1973[for short ‘Cr.P.C’] have been filed by the Petitioners/Accused Nos.2 & 3 and Accused No.1 respectively, seeking to quash the proceedings against them in S.C.No.123 of 2019 on the file of the Court of XI Additional District Judge-cum- Special Court for SC/ST PoA Act Cases, Visakhapatnam, registered for the offence punishable under Section 3 (1) (g) (r) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act[for short ‘the Atrocities Act’] , 1989.
2. The case of the prosecution, in brief, is as follows:
b. It is alleged that Respondent No.2 acquired Ac.3.00 cents of land in Sy.No.82 of Gajuwaka
The court quashed criminal proceedings against the accused, determining that the allegations were civil in nature and lacked prima facie evidence of criminal wrongdoing.
The court can quash criminal proceedings under inherent powers if the allegations stem from a civil dispute and fail to establish a prima facie case for the alleged criminal offences.
The main legal point established in the judgment is that criminal proceedings should not be used as a shortcut for civil remedies, and the court has the power to quash proceedings if the allegations ....
Insults under the SC/ST Act must occur in public view; absence of this element negates the offence.
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