Dismissed
V. Srinivas, v. The State of Andhra Pradesh
Telangana HCCRLP/7942/2007
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from the order text
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SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL…
What the court decided
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SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL…
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THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL PETITION No. 7942 OF 2007
Date: 22-07-2010
Between
V. Srinivas
…..Petitioner
And
The State of A.P., rep., by its Public Prosecutor, High Court of A.P., Hyderabad and another
…..Respondents
THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL PETITION No. 7942 OF 2007
ORDER:
Without filing copy of the complaint filed by the 2nd respondent – defacto complainant, the petitioner who is accused of offence under Section 447 IPC seeks quashing of Crime No. 1243 of 2007 of Banjara Hills Police Station, Hyderabad. The petitioner filed copies of plaint and other registered documents and contends that there is inconsistency in the defacto complainant’s case when compared to allegations in the plaint in O.S No. 7632 of 2007 on the file of V Junior Civil Judge, City Civil Court, Hyderabad. The complaint was filed by the defacto complainant on 30-11-2007. In the civil suit interim order of status quo was given on 04-12-2007. This Court sitting in Section 482 Cr.P.C cannot assess evidence and decide question of fact regarding prima facie title or possession of the subject matter. It is for the Investigating Officer to go into those aspects and come to a conclusion on the basis of evidence to be collected during investigation. I see no merits in this petition.
Hence, the petition is dismissed.
___________________________________ SAMUDRALA GOVINDARAJULU, J
22-07-2010 ks
1 issue framed by the court
Whether the High Court can quash the criminal proceedings based on inconsistency between the complaint and the civil plaint without assessing evidence.
V. Srinivas
The State of A.P.
Samudrala Govindarajulu
As recorded by the court registry
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