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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA
S. Nagaraja Rao (retired) – Appellant
Versus
State Of A P – Respondent
| Table of Content |
|---|
| 1. factual background of the case involving a complaint about a transfer certificate. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding the conduct of the inquiry against the complainant. (Para 9 , 10 , 20 , 21) |
| 3. court's analysis of the inherent powers under section 482 of cr.p.c. (Para 11 , 13 , 14 , 15 , 18 , 19 , 28) |
| 4. legal standards for quashing criminal proceedings. (Para 12 , 22 , 24 , 26 , 27) |
| 5. conclusion quashing the proceedings against the petitioners. (Para 38 , 39) |
ORDER:
This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in C.C.No.189 of 2018 on the file of the Judicial Magistrate of First Class, Guntakal, registered for the offence punishable under Sections 463, 420, 506, 120B, 500 read with 34 of Indian Penal Code (for short “I.P.C.”).
3) Petitioner No.1 is the Retired Chief Vigilance Inspector who conducted the second inquiry with regard to the genuineness of the Certificate, which is initially verified by respondent No.2 herein. Petitioner No.2 is the retired Deputy Chief Personnel officer (Welfare & Reservations), who issued the Memorandum of Charge Sheet dated 17.10.2012. Petitio
The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.
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 of Cr.P.C. should be exercised sparingly to quash proceedings only when no offence is disclosed, requiring specific allegations against eac....
The court emphasized that prosecution for cheating requires clear evidence of dishonest intention from the outset, and vague allegations without such intent constitute an abuse of process.
Point of Law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. Considering the allegations made in the c....
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