HIGH COURT OF ANDHRA PRADESH
SMT JUSTICE V.SUJATHA, J
Garapati Satyanarayana – Appellant
Versus
Garapati Satyanarayana – Respondent
ORDER :
This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in F.I.R.No.313 of 2021 on the file of II Town Police Station, Kakinada, East Godavari District.
2. The petitioners herein are accused Nos.1 and 2, the 1st respondent herein is the defacto complainant. The 1st respondent herein has filed a complaint under Section 190(1)(a) read with 200 Cr.P.C., on the file of III Additional Judicial First Class Magistrate, Kakinada stating that the petitioner No.2 is the wife of the 1st petitioner. The 1st respondent is working as police constable in Kakinada and the 1st petitioner herein is ARSI in Armed Reserve Police, Kakinada and does real estate business. As a part of his business, the 1st petitioner herein has offered to sell the property situated in Raydupalem village, Sy.No.84/4, plot No.13 to an extent of 149 square yards which stands in the name of the 2nd petitioner herein.
3. Accordingly, the petitioners herein with fraudulent intention to cheat the 1st respondent have offered to sell the said property by furnishing the Xerox copies of fake documents, believing which the 1st respondent has paid Rs.2,00,000/-
The Magistrate must provide reasons for ordering an investigation under Section 156(3) of Cr.P.C., and failure to do so warrants quashing of the proceedings.
A Magistrate must apply mind and provide reasons when forwarding a complaint for police investigation under Section 156(3) of Cr.P.C.
A Magistrate must provide reasons and apply judicial mind before directing police investigations under Section 156(3) of Cr.P.C.
A magistrate must apply mind and provide reasoning when taking cognizance of complaints; failure to do so allows for quashing of proceedings to prevent abuse of process.
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.
(1) Section 482 of Cr.P.C. is designed to achieve purpose of ensuring that criminal proceedings are not permitted to generate into weapons of harassment.(2) Civil disputes cannot be given cloak of cr....
Direction for Police investigation – Applications under Section 156 (3) of Cr.P.C. are filed in a routine manner without taking any responsibility only to harass certain persons – In an appropriate c....
The court emphasized the necessity of reasoned orders in judicial decisions and the inherent power to quash proceedings that constitute an abuse of the legal process.
The court highlighted the procedural requirements and safeguards when invoking Section 156(3) Cr.P.C, especially in cases involving public servants.
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