VENKATA JYOTHIRMAI PRATAPA
K. K. Murthy S/o Shri K. Satti Raju – Appellant
Versus
State of Andhra Pradesh – 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 petitioners/Accused Nos. 1 to 6, seeking quashment of proceedings against them in Crime No. 257 of 2020on the file of Seethanagaram Police station, Seethanagaram, East Godavari District, which was registered for the offences under Sections 324, 323 and 506 read with 34 of the Indian Penal Code [for short “IPC”] and Section 3(1)(e) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for short “the Act”].
2. The facts mentioned in the complaint, in brief, are as follows:
Inder Mohan Goswami v. State of Uttaranchal
State of Haryana and Others v. Bhajanlal and Others
Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre
The court emphasized that inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process and ensure justice, allowing for investigation into allegations.
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.
In exercise of power under Section 482 of Cr.P.C., Court does not examine the correctness of allegations in a complaint except in exceptionally rare cases where it is patently clear that allegations ....
The court quashed proceedings against petitioners as allegations did not constitute an offence under the SC/ST Act, emphasizing the need for prima facie grounds for prosecution.
The court emphasized that quashing proceedings requires compelling reasons, particularly when allegations are vague and unsupported by evidence.
The court quashed proceedings against petitioners as allegations did not constitute offences under IPC or SC/ST Act, emphasizing the necessity of prima facie grounds for prosecution.
The court established that charges cannot be sustained without adequate evidence, and magistrates must provide reasons for their decisions to ensure justice.
The court emphasized that inherent powers under Section 482 Cr.P.C. are to prevent abuse of process and secure justice, and quashing of FIR should be exercised sparingly.
The court established that quashing of FIRs should be rare, emphasizing the importance of allowing police investigations to proceed unless there are compelling reasons otherwise.
The court quashed proceedings against the accused due to lack of prima facie evidence and emphasized the need for compelling reasons to invoke inherent powers under Section 482 Cr.P.C.
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