The criminal court dismissed a petition seeking to quash proceedings for cheating and criminal intimidation, noting that allegations of threat during installment dispute inquiry justified trial, while directing police to follow Section 41-A for arrest procedures.
Petition dismissed; directed police to follow Section 41-A of the Code.
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.
SMT. JUSTICE T. RAJANI
CRIMINAL PETITION No.2264 OF 2011
ORDER :
The present Criminal Petition is filed, under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner - accused seeking to quash the proceedings against him in Crime/FIR No.51 of 2011, dated 18.02.2011, of Visakhapatnam II Town Police Station, Visakhapatnam City, Andhra Pradesh State, registered for the offences punishable under Sections 420 and 506 of the Indian Penal Code, 1860 (for short ‘IPC’) read with 156 (3) of the Code.
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TR,J Crl.P No.2264 of 2011
6962 with the assistance of finance provided by M/s. Sriram Finance, Madhuravada Branch, and accused entered into an agreement with him for purchase of said Tipper. The agreement is also to the effect that the accused has to pay overdue amount to the Financier and to clear the loan due amount. The allegation is that though the overdue amount was paid by the accused on the date of agreement, the finance people approached the de facto complainant and demanded him for payment of instalments and they also showed the statement copy stating no instalments were paid since June, 2010.
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TR,J Crl.P No.2264 of 2011
However, the police are directed to follow the procedure inlaid in Section 41-A of the Code.
Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition stand closed.
_______________________ SMT. T. RAJANI, J
October 22, 2018 Mgr
1 issue framed by the court
Whether the criminal proceedings against the accused for cheating and criminal intimidation should be quashed as no offence can be made out.
3 provisions across 2 enactments
Smt. Justices T. Rajani (Petitioner/Accused)
State of Andhra Pradesh
T. Rajani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
