Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Smt Justice V. Sujatha, J
Chalasani Ajay Kumar – Appellant
Versus
State Of A.P. – Respondent
ORDER :
These Criminal Petitions are filed by different petitioners under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in FIR.No.10 of 2020, dated 12.02.2020 on the file of Suryaraopet Police Station, Vijayawada. Hence I feel it appropriate to decide both the cases by way of this common order.
2. The petitioner in Crl.P.No.225 of 2020 is accused No.1 and the petitioner in Crl.P.No.226 of 2020 is accused No.4. The 2nd respondent herein is the defacto complainant. The 2nd respondent has submitted a complaint dated 12.01.2020 to the Station House Officer, Suryaraopet Police Station, Vijayawada stating that he is a working president of City Police Officers Association. As the residents of Amaravati, with the support of the political parties have conducted a rastha roko on 10.01.2020 at 03.00 p.m., at Bundar road, Vijayawada city with huge gathering of more than 2000 to 3000 women without permission of the Police, the Police have obstructed and tried to prevent them, but, as they have abused the Police, the Police took them into custody and shifted them to Police Station. It is further stated that the accused have morphed a photo of a female Police
To constitute offences under Sections 469 and 505(2) IPC, there must be intent to harm reputation and the existence of distinct groups, which were not present in this case.
The court held that allegations arising from a civil dispute cannot constitute a criminal offence, and continuation of such proceedings amounts to an abuse of the legal process.
Criminal proceedings cannot be pursued when the matter is sub judice in a civil context, as it constitutes an abuse of process of law.
The absence of intention to cause fear or alarm is crucial for establishing an offence under IPC Section 505(1)(b).
Petitioner has not been confined for illegal purpose amounting to commission of offence. As such, the petitioner cannot take advantage of the liberty granted to him by filing the complaint under Sect....
The court ruled that raising a flexi for public issues does not constitute promoting enmity under IPC, and continuing proceedings would be an abuse of process.
The court established that civil disputes should not be mischaracterized as criminal offenses to avoid abuse of the judicial process.
The main legal point established in the judgment is the requirement of establishing the intention to harm the reputation of a party for the offence under Section 469 IPC, and the prima facie evidence....
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
