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VENKATA JYOTHIRMAI PRATAPA
Gattineni Vijaya Sai – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 [in short ‘Cr.P.C.’] has been filed by the Petitioners/Accused Nos. 1 and 2, seeking quashment of the proceedings against them in Crime No. 72 of 2020 on the file of Chilakaluripet Town Police Station, Guntur District, registered for the offences under Section 188 r/w 34 of the Indian Penal Code [in short ‘IPC’] and Section 34(a) of A.P. Excise Act and Sections 19-A, 211 and 212 of Ordinance No. 2/2020 of A.P. Panchayat Raj Amendment Act, 1994.
2. Brief facts of the case are as follows:
The court ruled that proceedings under Section 188 IPC cannot be initiated without a complaint from a public servant, leading to quashment of the case against the accused.
Failure to comply with mandatory search procedures under the A.P. Excise Act vitiates criminal proceedings, constituting an abuse of process.
Cognizance of offences under IPC Sections 188 and 341 requires a written complaint from a public servant, and police charge sheets cannot suffice, resulting in quashing of proceedings.
Non-compliance with mandatory search procedures under the A.P. Excise Act vitiates criminal proceedings, constituting an abuse of process.
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.
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