Rajeshwar Rao D. v. Govt. of A.P. and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2001 Supreme(Online)(AP) 14

ANDHRA PRADESH HIGH COURT
V. R. Krishna Iyer, J
Rajeshwar Rao D. v. Govt. of A.P. and Another

Advocates:
For the Appellants/Petitioners: Sri P. Venugopal
For the Respondents: Sri P. Shivakumar

Table of Content
1. scope of judicial review under art.226 for fir quash. (Para 1 , 2 , 3)
2. allegations of misappropriation and partner's input. (Para 4 , 6)
3. judicial reluctance to interfere with police investigation. (Para 7 , 8 , 9)
4. criteria for judicial review under art.226 in criminal cases. (Para 10 , 11)

1. The scope of judicial review under Art.226 of the Constitution of India seeking to quash the First Information Report ('FIR' for short) falls for consideration in this Writ Petition. The petitioner has invoked the extraordinary jurisdiction of this Court to quash the FIR in Crime No. 95/99 dated 5-5-1999 of Matwada Police Station (Warangal District), registered for offences under S.406, S.417 and S.420 of the Indian Penal Code .

2. The factual matrix leading to the filing of the present Writ Petition is set out as hereunder :-- The petitioner, second respondent and one Mr. B. Ramesh constitute a registered partnership firm under the name and style of 'M/s. Padmavathi Engineering Company' dealing in purchase and sale of electrical motors, P.V.C. Pipes, Oil Engines, G1 Pipes, Suguna Motors and other brand engines. In accordance with the terms and conditions of the partne