Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
HARINATH.N
SRC Aviations Pvt. Ltd. – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
HARINATH.N, J.
1. The present criminal petition is filed seeking to quash CC 1107 of 2023 on the file of V Additional Junior Civil Judge – Cum - V Additional Metropolitan Magistrate Vijaywada. The petitioner is arraigned as accused number 17 in the said case for the alleged offenses under Section 120B. 409, 420, 468, 471, 477A of IPC.
2. As per the complaint filed by the respondent, the first accused enter into a criminal conspiracy with private persons and caused wrongful loss and corresponding wrongful gain to themselves by misusing his official position by making premature closure of government deposits of Andhra Pradesh Building and other Construction workers welfare board Hyderabad and misappropriated funds of Rs.12,00,00,000.
3. It is the case for the prosecution that accused Nos.1 to 30 entered into criminal conspiracy during the period March 2014 to June 2015 with an intention to cheat Syndicate Bank SME Branch, Kadapa and in pursuance of the said conspiracy, the 1st accused has misused his official position by closing the deposits of Andhra Pradesh Building and other Construction Welfare Workers, Hyderabad prematurely and transferring the funds to the accounts of third
The absence of cogent evidence linking the petitioner to the alleged offenses under IPC sections 120B, 409, 420, 468, 471, and 477A necessitated the quashing of criminal proceedings.
The main legal point established in the judgment is that at the stage of consideration of charge, an accused cannot rely on materials by way of defense, and the power under Section 482 of the Code of....
The petitioner, implicated in a conspiracy with a public servant, cannot seek quashment as the charges are backed by substantial evidence linking involvement in corruption.
The court determined that charges against the petitioner lacked sufficient independent evidence and quashed the proceedings, asserting that mere recommendation of loans without fraudulent intent does....
Prosecution of additional accused – Mere absence of an accused person’s name in initial complaint does not, by itself, absolve him of criminal liability – An accused whose involvement surfaces during....
The Court affirmed that serious allegations under the Prevention of Corruption Act cannot be quashed merely based on a lack of personal wrongdoing by the accused.
The court emphasized the importance of evaluating the prosecution's material at the stage of considering an application for discharge and highlighted that the trial court is not expected to conduct a....
The court upheld the dismissal of a discharge petition, confirming sufficient prima facie evidence for charges of conspiracy, misappropriation, and cheating in a bank fraud case.
Vicarious liability cannot be imposed unless expressly stated in the criminal complaint, and in the absence of specific allegations or involvement, the proceedings can be quashed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
