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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Chintakindi Anjaiah – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. nature of the petition and charges. (Para 1 , 3 , 4) |
| 2. requirement for affidavits in complaints. (Para 6) |
| 3. court's remarks on criminal proceedings and affidavits. (Para 7 , 9 , 10) |
| 4. conditions for maintaining complaints without affidavits. (Para 11 , 12) |
| 5. outcome of the petition. (Para 13) |
ORDER :
1. This Criminal Petition is filed by the petitioners-accused Nos.1 and 2 seeking to quash the proceedings in FIR No.103 of 2024 on the file of Choutuppal Town Police Station, Yadadri-Bhongir District, registered for the offences under Sections 120-B, 467, 468, 471 read with 34 IPC and 156(3) Cr.P.C.
2. Heard Sri Surya Balu Mahendra, learned counsel representing Smt. B. Lakshmi Kanaka Valli, learned counsel on record for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondents.
3. Learned counsel for the petitioners has submitted that the matter is purely civil in nature and that the suit filed by the de facto complainant got dismissed and thus, has come up with the false case against the petitioners herein through this complaint and that there is no truth in the allegations that the petitioners have executed a fake regis
The absence of an affidavit supporting a complaint under Section 156(3) Cr.P.C. renders criminal proceedings unsustainable, irrespective of concurrent civil issues, as established in relevant case la....
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....
The mere existence of a civil dispute does not bar criminal proceedings where allegations disclose crimes, and the delay in filing a complaint does not negate the need for investigation.
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....
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