Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
JUVVADI SRIDEVI
Challa Sreenaiah – Appellant
Versus
State of Telangana, Through SHO, Nalgonda (I Town) Police Station, Nalgonda Town – Respondent
ORDER :
This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against him in C.C.No.1194 of 2022 pending on the file of the learned Judicial First Class Magistrate at Nalgonda, (for short ‘the learned trial Court’) registered for the offence under Sections 409 , 419 and 420 of the Indian Penal Code (for short ‘ IPC ’).
02. Heard Sri D.V.Sitharama Murthy, learned Senior Counsel, representing Sri Aruva Karthik, learned counsel for the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for the State as well as Sri Kota Sameer Kumar, learned counsel for the respondent No.2. Perused the record.
03(a). The brief facts of the case are that the petitioner-accused is an agent of various insurance companies, namely LIC, ReliGear, and Oriental Insurance, and is also employed as a Lecturer at Vasavi Degree College, Nakrekal. It is alleged that the petitioner-accused committed the offence of cheating by personation and used forged documents as genuine with an intention to claim the insurance amount of one Sri Challa Saidulu, S/o Challa Bhujangam, who had died in a road accident. After investigation, the Police filed a charge sheet all
Further investigation is permissible after a charge sheet is filed, and a Magistrate must consider supplementary reports affirming the innocence of an accused to prevent abuse of legal process.
The court established that further investigation can lead to exoneration, and if no evidence supports charges, continuation of proceedings violates legal process.
High Court cannot quash criminal proceedings pre-trial if sufficient evidence exists; such issues must be determined at trial.
The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.
Point of law : In exercising powers under Section 227 of the Code of Criminal Procedure, the settled position of law is that the Judge while considering the question of framing the charges under the ....
The court affirmed that allegations of misappropriation and cheating warranted further investigation, emphasizing the High Court's limited role in assessing cognizable offences.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
