Back
K. SUJANA
M. Shiva Shekar – Appellant
Versus
State of Telangana – Respondent
ORDER :
Crl.P.No.6796 of 2024 is filed by the accused Nos.3 and 4 in Cr.No.187 of 2024 of Musheerabad Police Station Hyderabad. Crl.P.No.6797 of 2024 is filed by the accused Nos.2 and 5 in the said crime. These petitions are filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings in Crime No.187 of 2024 of Musheerabad Police Station registered against the petitioners for the offences punishable under Sections 467, 471, 476, 425, 504 r/w.Section 120-B of Indian Penal Code (for short ‘I.P.C’).
2. The allegations against the petitioners are that a letter dated 15.05.2024 was received by the 2nd respondent which contain a reply notice of M.Shiv Shekar, Advocate, to the Bar Council of Telangana. A complaint was filed before the Bar Council of Telangana by one K.Balraj, Advocate who is the husband of 2nd respondent against M.Shiv Shekar, Advocate. In the reply given by M.Shiv Shekar, a bald and baseless allegation was made against the 2nd respondent causing intentional damage to her reputation. Further there were four sworn affidavits of D. Raju (A.2), V.Gopal (A.1), Ch. Narahari (A.5) and M.Prasanna Shekar (A.4), which contains bald a
Criminal proceedings cannot be pursued when the matter is sub judice in a civil context, as it constitutes an abuse of process of law.
To constitute offences under Sections 469 and 505(2) IPC, there must be intent to harm reputation and the existence of distinct groups, which were not present in this case.
The main legal point established in the judgment is the requirement of establishing the intention to harm the reputation of a party for the offence under Section 469 IPC, and the prima facie evidence....
The court emphasized that a ten-year delay in filing a complaint raises concerns of abuse of process and signifies a civil dispute rather than a criminal matter, warranting quashing of the proceeding....
The main legal point established in the judgment is that the court has the power to quash criminal proceedings sparingly and with circumspection, and that there must be prima facie materials to suppo....
The Court can quash proceedings under Section 482 Cr.P.C if the allegations do not constitute any offence, but the power should be used sparingly and only to prevent abuse of process or to secure end....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
