G. ANUPAMA CHAKRAVARTHY
G. Srinivas Reddy – Appellant
Versus
State of Telangana – Respondent
JUDGMENT
1. This Criminal Petition is filed under Sec. 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioner/accused Nos.1 to 3 to quash the proceedings in C.C. No.9195 of 2021 on the file of Court of XVII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offences under Ss. 354(D), 506 and 509 read with Sec. 34 of the Indian Penal Code (for short 'IPC').
2. Heard learned counsel for the petitioners, Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State and learned counsel for respondent No.2. Perused the record.
3. The case of the prosecution is that petitioner/accused No.1 was harassing the other Flat owners of the building, including LW5, who is the tenant of respondent No.2/de-facto complainant. Further, he has also disconnected the water connection to their flats and insulted LW4/tenant, when she was watering the plants. Further, petitioner/accused No.1 used to abuse the driver of another flat owner, when he comes to the building by wearing slippers. Further, when the tenant of respondent No.2 went to the terrace of the building, petitioner/accused No.1 warned her not to come again and locked the terrace
The main legal point established in the judgment is the need to carefully evaluate the nature of offenses and the possibility of quashing proceedings under Sec. 482 of Cr.P.C., particularly in cases ....
The essential elements of criminal trespass and intimidation must be clearly established, including intent, and vague allegations driven by personal grievances do not suffice to sustain criminal char....
The court quashed criminal proceedings for trespass and intimidation, highlighting that allegations lacked required intent and could be deemed malicious, thereby abusing the legal process.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.