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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.Sreenivas Rao
B. Sunitha – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. overview of prosecution's claims against accused (Para 1 , 2) |
| 2. arguments regarding allegations against the petitioner (Para 4 , 5) |
| 3. court's analysis and findings on allegations (Para 6 , 7 , 8 , 11) |
| 4. principles guiding quashing of criminal proceedings (Para 9 , 10) |
| 5. final ruling to quash proceedings (Para 12 , 13) |
ORDER :
J. Sreenivas Rao, J.
This Criminal Petition has been filed by the petitioner/accused No.1, seeking to quash the proceedings in C.C.No.1789 of 2022 on the file of the XIII Additional Metropolitan Magistrate, Cyberabad, Rajendranagar, Ranga Reddy District, for the offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860 (for short ‘IPC’) and 156(3) of the Code of the Criminal Procedure, 1973 (for short ‘Cr.P.C.’).
2. The case of the prosecution, in brief, is that accused No.1, a close friend of the complainant for the past ten years, approached the complainant in January 2020 seeking financial assistance for investment in a project of SS Constructions, owned by accused No.2. The project related to laying roads on the National Highway at Kurnool, allegedly awarded to SS Constructions by the Government of Andhra Pradesh. Believi
Criminal proceedings against an accused can be quashed if allegations do not establish her direct involvement or dishonest intention, as per sections 406 and 420 IPC.
The court emphasized that allegations of fraudulent financial transactions satisfy the essential ingredients for criminal liability under IPC Section 420, and cannot be dismissed as merely civil disp....
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