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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V. SUJATHA, J
Nakka Nimmi Grace – Appellant
Versus
State of A.P. – 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.325 of 2019 on the file of Dowaleswaram Police Station, East Godavari District, registered for the offences punishable under Sections 354A, 506 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 (for short “the Act”).
2. Accused Nos.4, 2 and 3 are the petitioners herein and the 2nd respondent is the complainant.
3. The 2ndrespondent lodged a report before the Dowlaeswaram Police Station, East Godavari District, alleging that after the complainant filed an SC, ST case against the accused persons, they threatened the complainant over phone for withdrawal of the case. On 24.10.2019, one A1-Ramakrishna made a Whatsapp call to the complainant and abused in filthy language and demanded to fulfill his sexual lust, and threatened to file a false case, if she refuses. On 25.10.2019, at about 10.00 a.m., while the complainant along with her two daughters and driver Siva Prasad were waiting on a road
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 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 established that insufficient evidence and lack of specific allegations can justify quashing of FIR under Section 482 of the CrPC.
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 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 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 criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
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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