IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Kalvakuntla Taraka Rama Rao – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. allegations against the petitioner (Para 4 , 5) |
| 2. payments made by hmda (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. contentions of the petitioner (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. power to quash fir (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
ORDER :
2. Heard Mr. Siddharth Dave, learned Senior Advocate representing Mr. A. Prabhakar Rao, learned advocate appearing for the Petitioner. Also, heard Mr. A. Sudarshan Reddy, learned Advocate General representing Mr. T. Bala Mohan Reddy, learned Standing Counsel for the ACB i.e., Respondent No. 1 and Mr. C.V. Mohan Reddy, learned Senior Advocate representing Mr. Tera Rajinikanth Reddy, learned Additional Advocate General appearing for Respondent No. 2.
3. The impugned criminal proceedings i.e., Crime No. 12/RCO-CIU-ACB/2024 (hereinafter ‘FIR’) was registered based on the complaint lodged by Respondent No. 2 (hereinafter ‘complainant’). It is relevant to note that the complainant herein is the current Principal Secretary to the Government of Telangana, Municipal Administration & Urban Development (hereinafter ‘MA & UD’) department.
The Petitioner herein was the erstwhile Minister of
The court held that allegations of misappropriation and abuse of power by a public servant warrant investigation, and an FIR should not be quashed if it discloses a prima facie case.
The court held that the allegations against the petitioner did not attract the ingredients of the offences under Sections 403, 409, and 188 IPC. It also held that the FIR was registered without condu....
The court established that serious allegations of criminal breach of trust and conspiracy justify proceeding to trial, and that prior sanction for prosecution is not required for a retired public ser....
The High Court established that criminal proceedings cannot be pursued for matters fundamentally rooted in civil disputes, reinforcing the principle against abusing the legal system.
The court confirmed that a fiduciary relationship can give rise to criminal liability under IPC sections for failure to remit entrusted funds, emphasizing that both civil and criminal remedies may be....
No prima facie case for breach of trust established against the petitioner as he lacked direct control over the misappropriated funds, leading to quashing of criminal proceedings.
The prosecution must provide concrete evidence to prove allegations of criminal breach of trust; absence of critical documentation undermines a conviction under Section 409 IPC.
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