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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA, J
M. C. Saraswathamma, D/O. Late M.C. Govinda Reddy – Appellant
Versus
State Of A P, Rep. By Its Public Prosecutor – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
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.4 and 5, seeking quashment of proceedings against them in Crime No.18 of 2022 on the file of Somandepalli Police Station, Ananthapur District registered for the offence under Section 306 read with 34 of the Indian Penal Code, 1860, for short ‘IPC’.
2. Heard Sri Kata Sambasiva Rao, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State/Respondent No.1. Inspite of service of notice, none appeared on behalf of Respondent No.2.
3. Learned counsel for the Petitioners would submit that there are disputes between the family of Respondent No.2 and Accused No.1 for the last 25 years. Learned counsel would further submit that prima facie the ingredients of the alleged offence do not attract against the Petitioners. Learned counsel would further submit that the Petitioners have nothing to do with the alleged offence and they are not the parties to the alleged disputes. The Petitioners are falsely implicated. Learned counsel would finally submit that there are no spec
Inherent powers under Section 482 Cr.P.C. are to prevent abuse of process and secure justice, exercised sparingly, allowing investigations to proceed unless no cognizable offence is disclosed.
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 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 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 of the Cr.P.C. should be exercised sparingly to prevent abuse of process and secure ends of justice, especially when allegations do not con....
The court emphasized the need for compelling reasons of abuse of process of law or glaring injustice to invoke the inherent powers of the High Court and highlighted the need for circumspection and ca....
The court affirmed that criminal proceedings cannot be quashed solely on the basis that the allegations may also constitute a civil wrong, emphasizing the need for trial to determine the merits.
The court ruled that criminal proceedings should not be used to settle civil disputes and can be quashed if they do not establish a prima facie case of criminal offence.
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
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