Single judge quashed criminal proceedings under Section 482 Cr.P.C. holding that the complaint failed to disclose any specific overt act, as allegations were basic and lacked details on injuries or specific language used.
Criminal Proceedings CC No. 1311 of 2009 were quashed and the Criminal Petition was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD
THURSDAY THE THIRTYETH DAY OF DECEMBER TWO THOUSAND AND TEN
PRESENT
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No. 2129 OF 2009.
Between: Kasanagottu Satyanarayana & 10-Ors. … Petitioners V/s. Chilukuri Srinivas & Anr. … Respondents Counsel for the Petitioners : Sri C.Praveen Kumar Counsel for the Respondents : Addl.Public Prosecutor
The Court made the following order : (order follows 2nd page)
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No. 2129 OF 2009
O R D E R :
This Criminal Petition is filed under section 482 Cr.P.C. seeking to quash the proceedings in CC.No.1311 of 2009 on the file of the Court of Special Judicial Magistrate of Second Class, Karimnagar.
2. The allegation as per the complaint is that the petitioners assaulted and caused injuries and used filthy language. On a complaint lodged by the defacto complainant, the police refused to investigate and register the case. Hence, the defacto complainant filed complaint before the concerned Magistrate and the same was taken on file.
3. The learned Magistrate after recording the sworn statement, which reads as hereunder:
“That on 25-02-2009 at 11:00 a.m. at Prakasham Gunj, Karimngar all the accused abused me in filthy language and also beat me with hands as to why continuing the construction work. At that time, LW-1 and LW-2 rescued me from the hands of accused, thereafter, I went to P.S.Karimnagar-I Town and reported the matter but the police did not take action so that I approached this Hon’ble court and prayed the court to punish the accused as per law” .
4. On a reading of the complaint and sworn statement, this Court is of the view that the said complaint and sworn statement does not disclose any specific overt act of any one of the accused in the present complaint. All the allegations are basic in nature and also the defacto complainant has not stated what is the injury sustained by him, neither in the complaint nor in the sworn statement and the
language used by the accused is not mentioned. 5. Hence, this Court is of the view that the present complaint does not disclose any offence as alleged. Hence, CC.No.1311 of 2009 on the file of the Court of Special Judicial Magistrate of Second Class, Karimnagar is be and hereby quashed.
6. The Criminal Petition is accordingly allowed.
______________________ JUSTICE RAJA ELANGO 30-12-2010 I s L
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No. 212 9 OF 2009
Circulation No. 32 Date:30-12-2010 Court Master: IsL Computer No.43
2 issues framed by the court
Whether the criminal proceedings should be quashed as the complaint did not disclose a specific overt act constituting an offence.
Whether the allegations of assault and use of filthy language in the complaint sufficiently constitute an offence to sustain criminal proceedings.
1 provisions across 1 enactments
Kasanagottu Satyanarayana & 10-Ors.
Chilukuri Srinivas & Anr.
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
