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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V. SUJATHA, J
Tummala Hema Kumar – Appellant
Versus
N Jyoshna – Respondent
ORDER :
V.Sujatha, J.
This petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in Cr.No.335 of 2019, before Alipiri Police Station, Tirupathi Urban for the offences punishable under Sections 448, 323 , 506 r/w 34 IPC and under Sections 3(1)(g), 3(1)(r),3(1)(s), 3(2)(va) of the SC & ST POA Act.
2. The petitioners herein are the accused Nos.1 to 4 & 6 and the respondent No.1 is the de-facto complainant. The respondent No.1 had lodged a private complaint on 18.07.2019 alleging that she is studying 4th year LLB and her husband is working at Amara Raja Factory and are staying as tenants in the house of the petitioner No.1. While so, due to some reasons best known to them, when the petitioner No.1 asked the de-facto complainant and her husband to vacate their house, the de-facto complainant filed a suit in O.S.No.81 of 2017. Thereafter, when the petitioner No.1 received summons in the aforesaid case, a rental agreement was executed between both the parties with the intervention of the elders, wherein the petitioner No.1 agreed to continue the de-facto complainant and her husband as tenants till 22.04.2020. Subsequently, after complet
Delay in lodging an FIR undermines its credibility, and general allegations without specifics can lead to quashing of proceedings under Section 482 of Cr.P.C.
The court quashed proceedings against petitioners as allegations did not constitute offences under IPC or SC/ST Act, emphasizing the necessity of prima facie grounds for prosecution.
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases, and allegations of mala fides against the informant are not a ground for quashing the criminal proce....
The court emphasized that quashing proceedings requires compelling reasons, particularly when allegations are vague and unsupported by evidence.
The court quashed proceedings against petitioners as allegations did not constitute an offence under the SC/ST Act, emphasizing the need for prima facie grounds for prosecution.
Direction for Police investigation – Order of Magistrate should reflect that he has applied his mind to facts of case and law applicable to and it has to examine nature of allegations made in complai....
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
Unexplained delay in lodging an FIR, combined with evidence of malafide intentions, can justify quashing of criminal proceedings to prevent abuse of the legal process.
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