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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venkata Jyothirmai Pratapa
Panday Mohan Prasad – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioner/Accused No.2, seeking quashment of the proceedings against him in C.C.No.213 of 2019 on the file of Principal Junior Civil Judge-cum-Magistrate of First Class, Bobbili.
2. Heard Sri K.Sai Naveen, learned counsel for the Petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State/Respondent No.1 and Sri T.V.Sridevi, learned counsel for the Respondent No.2.
3. Learned counsel for the petitioner would submit that petitioner has nothing to do with the present case and is innocent. It is stated that no evidence is collected during the course of investigation by the investigating officer in this matter. Learned trial Judge took cognizance of offence under Section 420 IPC without judicial application of mind. Learned counsel would further submit that even as per the contents of the information which was presented to the police by respondent No.2, A1 only collected the amount on false promise for providing jobs in Samsung Company and Railways. It is the case of the complainant that they have dep
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 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 main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The court affirmed that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly, and quashing of proceedings is not warranted unless allegations do not constitute a cognizable ....
The court emphasized that inherent powers under Section 482 of the Cr.P.C. should be exercised cautiously, allowing investigations unless no cognizable offence is disclosed.
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....
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.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases. The veracity of the allegations in the FIR should be tested by the investigating agency, and the cou....
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