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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANA RAO
Mandapati Chiranjeevi Venkata Venu Gopalakrishnam Raju, S/o. Late Mandapati Venkata Raju – Appellant
Versus
State Of Andhra Pradesh, Represented By Its Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. relevant criminal petitions and their context. (Para 1 , 2 , 4) |
| 2. outline of case facts and allegations. (Para 5 , 6) |
| 3. distinction between criminal breach of trust and cheating. (Para 7 , 8 , 9) |
| 4. conditions for quashing fir and criteria for investigation. (Para 10 , 11 , 12) |
| 5. guidelines for arrest procedures and implications. (Para 13 , 14 , 15 , 16 , 17) |
| 6. final order directing compliance with investigative procedures. (Para 18) |
ORDER:
Y.LAKSHMANA RAO, J.
Criminal Petition Nos.381, 386, 747 and 888 of 2026 are heard and disposed of by this common order, though they arise out of different crimes. The petitioners/accused in the respective crimes are different, however, the complainants/respondents are one and the same in all the cases.
2. The Criminal Petition No.381 of 2026 has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/ Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS ’) seeking to quash proceedings against the Petitioner/Accused No.2in Cr.No.38 of 2022 on the file of the CID Police Station, Mangalagiri, Guntur District, registered for the alleged offences punishable under Se
Criminal breach of trust and cheating are distinct offences that cannot co-exist under the same factual circumstances, necessitating compliance with procedural law during investigations.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
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