IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V. SUJATHA, J
Audinarayana Rao Duddukuru, Audinarayana Rao Duddukuru S/O Late Duddukuru Ranga Rao – Appellant
Versus
State Of Andhra Pradesh, Rep. By Its Public Prosecutor – Respondent
ORDER:
V. Sujatha, J.
This Criminal Petition is filed by the petitioner/A2 seeking to quash the proceedings in Cr.No.50 of 2020, dated 06.03.2020 of Sullurupet Police Station, Nellore District registered for the offences punishable under Sections 406 and 420 r/w 34 of IPC .
2. The petitioner herein as A2 and respondent No.2 is the defacto complainant. The defacto complainant lodged a complaint alleging that the accused, who were running Team Educational Solutions, induced the defacto complainant to believe that they would arrange Medical seat for her daughter at Raja Rajeswari Medical College, Bangalore, if she arranged Rs.50,00,000/-. Trusting the words of the accused, the defacto complainant deposited Rs.50,00,000/- into the account of A1 and also in other accounts as instructed by A1. However, A1 did not arrange medical seat for the complainant‟s daughter. When the complainant and her husband approached the accused and demanded the return of the money, they claimed that the money had already been spent and refused to refund it. Thus, the accused misappropriated the Rs.50,00,000/- given by the defacto complainant and cheated her by failing to provide the medical seat for her daughte
The absence of specific allegations against the petitioner in a criminal complaint warrants quashing of proceedings under Section 482 of Cr.P.C. to prevent abuse of process.
The court emphasized that inherent powers under Section 482 of Cr.P.C. should be exercised sparingly to quash proceedings only when no offence is disclosed, requiring specific allegations against eac....
Civil disputes should not be criminalized; lack of fraudulent intent and delay in filing complaint vitiate criminal proceedings.
The court emphasized that prosecution for cheating requires clear evidence of dishonest intention from the outset, and vague allegations without such intent constitute an abuse of process.
Inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and allegations must disclose a cognizable offence for proceedings to continue.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
The court quashed proceedings for cheating and intimidation, finding no prima facie case due to lack of dishonest intention and insufficient evidence.
The necessity of proving fraudulent or dishonest intention for the offences of criminal breach of trust and cheating, and the distinction between civil and criminal disputes.
The Court held that the inherent power of the High Court under Section 482 CrPC can be exercised to quash a criminal proceeding if it is found that the proceeding is an abuse of the process of the Co....
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
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