IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V.SUJATHA, J
Nakka Nimmi Grace – Appellant
Versus
Pulagurtha Venkata Lakshmi Prasanna Kumari – Respondent
ORDER :
(V. SUJATHA, J.)
The present Criminal Petition is filed under Section 482 of the Criminal Procedure Code (for short “Cr.P.C.”) seeking to quash the proceedings initiated against the petitioners in Crime No.192 of 2019 on the file of Dowaleswaram Police Station, East Godavari District, registered for the offences punishable under Sections 509 read with 34 IPC and Section 3 (1) (w) (ii), 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) , 1989.
2. Accused Nos.1, 3 and 4 are the petitioners herein and 1st respondent is the complainant. The 1st respondent lodged a report before Dowlaeswaram Police Station, East Godavari District, alleging that on 15.05.2019 at about 5.00P.M., 1st petitioner, who is arrayed as A.1, along with the 3rd petitioner, who is arrayed as A.3, came to the house of the 1st respondent and asked her to initiate steps for securing membership for Mundadugu Praja Party on collection of Rs.100/- towards subscription of the membership and thereby handed over subscription forms and that the petitioners/accused demanded Rs.4,00,000/- towards party ticket to contest in the general elections, for which the 1st respondent replied tha
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.
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 court emphasized that quashing proceedings requires compelling reasons, particularly when allegations are vague and unsupported by evidence.
The court quashed proceedings against the accused due to lack of prima facie evidence and emphasized the need for specific overt acts in cases under the SC/ST Act.
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 quashed proceedings against the accused due to lack of prima facie evidence and emphasized the need for compelling reasons to invoke inherent powers under Section 482 Cr.P.C.
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 power of quashing of a criminal proceeding should be exercised sparingly and in rarest of rare cases, and the court is not expected to express any views on the merits related to the realm of appr....
Insults under the SC/ST Act must occur in public view; absence of this element negates the offence.
The court quashed proceedings under the SC/ST Act due to lack of public view in the alleged incident, emphasizing the need for specific ingredients to establish the offence.
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