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S. ABDUL NAZEER, J. B. PARDIWALA
R. Nagender Yadav – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
J.B. Pardiwala, J.
1. Leave granted.
2. This appeal is at the instance of the original accused and is directed against the order passed by the High Court for the State of Telangana at Hyderabad dated 1st of June, 2021 in Criminal Petition No. 4687 of 2020 by which the High Court declined to quash the criminal proceedings instituted against the appellant herein at the instance of the respondent No. 2 (original complainant) and accordingly rejected the application filed by the appellant herein under Section 482 of the Code of Criminal Procedure (CrPC) for quashing of the proceedings.
Factual Matrix
3. This litigation highlights one of the most perfunctory investigations at the hands of the police. The subject matter of this litigation is an open plot admeasuring 321 square yards situated at the village Nallagandla, District Ranga Reddy, State of Telangana. The respondent No. 2 herein (original complainant) claims to be the lawful owner of the said plot. It is not in dispute that the original complainant had purchased the said plot of land by way of a sale deed executed in his favour dated 09.05.2008 bearing registration No. 102/2008.
4. It is the case of the complainant that in
(1) Perfunctory investigation cannot be a ground either to quash criminal proceedings or even to acquit accused.(2) Whether a complaint discloses a criminal offence or not, depends upon nature of act....
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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....
The main legal point established in the judgment is that when disputes between the parties constitute only civil wrong and not a criminal wrong, the Courts would not permit a person to be harassed. T....
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The court emphasized that civil disputes should not be converted into criminal cases, and the continuation of such proceedings constitutes an abuse of the legal process.
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....
(1) A bonafide criminal case cannot be stifled at threshold by High Court.(2) In order to examine as to whether factual contents of FIR disclose any cognizable offence or not, High Court cannot act l....
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