IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
JUVVADI SRIDEVI
Sampathi Shiva Kumar Reddy – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. filing of a petition under section 482 of cr.p.c. for quashing proceedings. (Para 1 , 2) |
| 2. summary of the allegations and facts surrounding the petitioners' apprehension and the cash seizure. (Para 3 , 4) |
| 3. prosecutor's argument emphasizing the validity of the complaint. (Para 5 , 6) |
| 4. court's findings on the lack of essential elements of bribery and procedural irregularities. (Para 7 , 8 , 9 , 10) |
| 5. final ruling to quash the proceedings. (Para 11) |
ORDER :
This Criminal Petition is filed under Section 482 of Criminal Procedure Code, by the petitioners/accused Nos.1 to 6 to quash the proceedings against them in C.C.No.548 of 2024 on the file of XIV Additional Metropolitan Magistrate, Cyberabad at Hayathnagar registered for the offences punishable under Sections 188, 171(B) r/w 171(E) of Indian Penal Code (for short ‘IPC’) and Section 123(1)(A) of the representation of the people act, 1951 (for short ‘RP Act’).
3. The case of the prosecution is that on 22.11.2023 at 19.00 hours, de facto complainant along with his staff while conducting vehicle checking tried to stop a Hyundai i20 car bearing No.AP 23 AG 3719 and Toyota Innova car bearing No.TS 13 G T/R 7153 but the a
Prosecution under IPC 188 requires a complaint from the concerned public servant; allegations of bribery were unsubstantiated.
A valid written complaint by a competent public servant is mandatory to prosecute under IPC sections for disobedience or bribery during elections; failure to comply nullifies ongoing charges.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.