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V. R. K. KRUPA SAGAR
Chevireddy Bhaskar Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
(V.R.K. Krupa Sagar, J.)
This Criminal Petition, under Section 528 of B.N.S.S., is filed by the petitioner/accused No.2 seeking to quash Crime No.58 of 2024 of Yerravaripalem Police Station, Tirupati District, registered for the offences punishable under Sections 352, 351(2), 196(1), 61(2), 353(1) and 72(2) read with 3(5) of BNS and Section 67A of the Information Technology Act, 2000 and Section 23(1) of the Protection of Children from Sexual Offences Act, 2012 and Section 3(1)(z)(zc) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Respondent No.1 is the State. Respondent No.2 is the de facto complainant.
3. Sri P.Veera Reddy, the learned Senior Counsel being assisted by Sri Srinivasula Reddy Kommasani, the learned counsel for petitioner submitted arguments. Sri M.Lakshmi Narayana, the learned Public Prosecutor for respondent No.1-State submitted oral arguments and filed written arguments. Sri Anand Kumar Kochiri, the learned counsel for respondent No.2 submitted arguments.
4. To appreciate facts and circumstances out of which Crime No.58 of 2024 has arisen a certain mention about F.I.R.No.54 of 2024 is required.
5. A statement made by a
The court ruled that an FIR can only be quashed if it does not disclose a prima facie case; allegations must be investigated unless manifestly false.
The court established that allegations in an FIR, if taken at face value, can substantiate the commission of a cognizable offence, thus inhibiting quashing unless clearly abusive or lacking merit.
Malicious prosecution claims must show prima facie cases are unfounded; mere political allegations do not suffice to quash FIRs without substantive evidence.
The court ruled that procedures regarding the protection of minors' identities and appropriate investigations must be strictly adhered to, ensuring justice and safeguarding against abuses of power in....
The court emphasized that quashing of a criminal FIR, especially in cases involving minors, should only occur when no prima facie case is established, maintaining the integrity of the trial process.
The court emphasized the necessity of not quashing FIRs based on allegations of child sexual abuse, underscoring the child's right to justice while balancing procedural protections under POCSO.
The court held that allegations in the FIR constituted cognizable offences, including voyeurism and assault, and dismissed the petition to quash the FIR.
A petition for quashing criminal proceedings can be dismissed even if one accused has died, as long as there is no legal bar to continuing against the living accused and factual disputes should not b....
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