Andhra Pradesh High Court

CRLP/7469/2019 of CH. Hari Babu, Vs The State of Andhra Pradesh, on 31 December 2019

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SRI JUSTICE A.V.SESHA SAI CRIMINAL PETITION No.7469 OF 2019 ORDER : This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings in crime No.227 of 2016 of Kadapa I Town police station, Kadapa district, registered against the

THE HON'BLE SRI JUSTICE A.V.SESHA SAI

CRIMINAL PETITION No.7469 OF 2019

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ORDER :

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings in crime No.227 of 2016 of Kadapa I Town police station, Kadapa district, registered against the petitioner/A.2 and others, for the alleged offences punishable under Sections 120B, 406, 419 and 420 of the Indian Penal Code, 1860.

According to the learned counsel for the petitioner, the petitioner is innocent and is falsely implicated in the crime and the allegations made in the F.I.R. against the petitioner do not attract the provisions of law mentioned therein, and in the absence of necessary ingredients of the provisions of law in the case of the prosecution, the very initiation of prosecution is a patent abuse of process of law.

A perusal of the complaint made by the defacto complainant, which formed the basis for registration of the crime, shows that the same contains prima facie allegations, and the same are required to be gone into during investigation and ultimately to be adjudicated by the court below. In the absence of any material to prima facie demonstrate abuse of process of law, invocation of the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 is impermissible, and in the instant case, the petitioner has failed to show the same.

In view of the same, the Criminal Petition is dismissed.

Miscellaneous Petitions pending, if any, in the Criminal Petition shall stand closed.

__________________

A.V.SESHA SAI, J

DRK

THE HON'BLE SRI JUSTICE A.V.SESHA SAI

CRIMINAL PETITION No.7469 OF 2019

31.12.2019

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