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IN THE HIGH COURT OF ANDHRA PRADESH
SMT JUSTICE V.SUJATHA, J
P.Padmavathi – Appellant
Versus
State Of AP High court of A.P. Amaravathi – Respondent
ORDER :
All these criminal petitions are filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in C.C.L.G.No.2 of 2017 on the file of the Principal Junior Civil Judge, Guntur, designated Court for the trial of cases under Land Grabbing Act, registered for the offences punishable under Sections 120-B, 406, 420, 466, 467, 468, 471, 500 and 509 of I.P.C. and Section 5 (D) of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 read with 34 of I.P.C. of Kothapet Police Station, Guntur Urban.
2) Petitioner in Crl.P.No.12726 of 2017 is accused No.1, petitioner in Crl.P.No.2508 of 2019 is accused No.2, petitioner in Crl.P.No.2030 of 2019 is accused No.4, and petitioner in Crl.P.No.5515 of 2019 is accused No.5.
3) As all these petitions are filed to quash the proceedings in C.C.L.G.No.2 of 2017 and the point involved in all these cases is one and the same, I find that it is expedient to decide these petitions by common order.
4) Defacto complainant Kanchi Ammaji lodged a private complaint before the IV Additional Munsif Magistrate’s Court, Guntur, alleging that accused Nos.1, 2, and 5 are the children of accused No.3, accused No.4 is the daughter-in-
The court emphasized that a complaint must disclose an offence and not be frivolous, allowing quashing of proceedings under Section 482 of Cr.P.C. when abuse of process is evident.
The main legal point established in the judgment is that the initiation of the prosecution was an abuse of process of law, as the allegations did not establish an offense and had been rejected in pre....
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
Criminal proceedings cannot be maintained if they are found to be an abuse of process, particularly when the complainant has previously lost in civil litigation.
The High Court can quash criminal proceedings under Section 482 of Cr.P.C. to prevent abuse of process when complaints are motivated by civil disputes.
The court can quash criminal proceedings under inherent powers if the allegations stem from a civil dispute and fail to establish a prima facie case for the alleged criminal offences.
The main legal point established in the judgment is the principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
Criminal liability for cheating requires proof of dishonest intent from inception, distinguishing breach of contract from criminal offence.
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