Dismissed

Nalvadi Nagoji Rao, v. The State of Andhra Pradesh

Telangana HC18 Apr 2012CRLP/5769/2010

Case brief

AI extract

What is this about?

The High Court dismissed a criminal petition under Section 482 Cr.P.C. seeking to quash an order. The court held that since investigation was complete and the case was ripe for trial, inherent powers could not be invoked, granting liberty to the petitioner to file for discharge.

What did the court decide?

Petition dismissed; liberty granted to file discharge application under Section 227 Cr.P.C.

Nalvadi Nagoji Rao, Vs The State of Andhra Pradesh — Quashing and FIR | Telangana HC (2012)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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WEDNESDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND TEN

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PRESENT

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THE HON’BLE SRI JUSTICE K.C.BHANU

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CRIMINAL PETITION NO.5769 OF 2010

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Between:

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Nalvadi Nagoji Rao

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..... Petitioner

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AND

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State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of A.P., Hyderabad, Sub-Inspector of Police, II Town Police Station, Tirumala & 3 others.

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..... Respondents

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THE HON'BLE SRI JUSTICE K.C.BHANU

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CRIMINAL PETITION NO.5769 OF 2010

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ORDER:

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This Criminal Petition, under Section 482 of the Criminal Procedure Code, 1973 (for short, “Cr.P.C.”), is filed to quash the order, dated 14.06.2010, on the file of II Additional Judicial Magistrate of First Class, Tirupati, in Crl.M.P.No.1842 of 2010 in C.C.No.306 of 2009.

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2. Heard both sides. 3. Now the investigation is completed and the Police filed the charge sheet. The case is ripe for trial. The inherent powers of this

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Court under Section 482 Cr.P.C. can be invoked when there is abuse of process of Court or to secure the ends of justice or to carry out orders passed under the Code. Similarly, when there is express provision, which will take care of the interests of the petitioner, inherent powers cannot be exercised. The petitioner has a liberty to file an application for discharge under Section 227 Cr.P.C. before the competent Court.

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4. The Judge shall discharge the accused, if after (i) considering the record of the case and documents submitted and (ii) hearing the submission of the accused and the prosecution, considers that there is no sufficient ground for proceeding against the accused, i.e., either there is no legal evidence or that the facts do not make out any offence at all.

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5. Therefore, the Criminal Petition is dismissed giving liberty to the petitioner to file an application under Section 227 Cr.P.C. before the competent Court for his discharge and on filing such an application, the same shall be considered in accordance with law.

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6. Miscellaneous Petitions, if any, filed in this Criminal Petition shall stand closed.

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_________________ JUSTICE K.C.BHANU

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Date: 18^th April, 2012

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THE HON'BLE SRI JUSTICE K.C.BHANU

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CRIMINAL PETITION NO.5769 OF 2010

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Date: 18^th April, 2012

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Nalvadi Nagoji Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Nalvadi Nagoji Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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