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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V.VENUGOPAL, J
Arun Kochouseph Chittilappilly – Appellant
Versus
State Of Telangana, Rep.,PP – Respondent
ORDER :
E.V.VENUGOPAL, J.
This Criminal Petition is filed by the petitioners/accused Nos.1, 2, 5, 10, 12 and 15 under Section 482 of Criminal Procedure Code (for short ‘Cr.P.C.’) seeking to quash the criminal proceedings initiated against them in CC No.604 of 2016 on the file of the learned XXVI Metropolitan Magistrate, Maheshwaram.
2. Heard Sri Vedula Venkata Ramana, learned counsel representing on behalf of M/s.Bharadwaj Associates, learned counsel for the petitioners, Sri Syed Yasar Mamoon, learned Additional Public Prosecutor representing learned Public Prosecutor for the State/1st respondent and Sri Kireet, learned counsel for the 2nd respondent. Perused the record.
3. CC No.604 of 2016 on the file of the trial Court was registered for the offences under Sections 420, 447, 427, 468, 471 and 120-B read with Section 34 of IPC against the petitioners herein and others basing on the crime in FIR No.226 of 2013, of Police Station, Maheshwaram, Cyberabad District, on a complaint lodged by Mucha Yadagiri Reddy, i.e. the 2nd respondent herein and General Power of Attorney holder of one Gunuganti Ravindar Rao alleging that Wondarla Holidays Private Limited, which is the owner of adjacent l
The court ruled that civil disputes cannot be disguised as criminal offences, and allegations of conspiracy and forgery necessitate a full trial.
The main legal point established in the judgment is the principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
Criminal proceedings should not be pursued when the dispute is purely civil and lacks essential elements of a cognizable offence, to prevent misuse of criminal law.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
The main legal point established in the judgment is that when disputes between the parties constitute only civil wrong and not a criminal wrong, the Courts would not permit a person to be harassed. T....
The court quashed criminal proceedings under Section 482 Cr.P.C. as the allegations did not constitute a criminal offence and were purely civil in nature.
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