Team  SoOLEGAL

S.482 CrPC | Criminal Proceedings Can't Be Quashed If Specific Accusations Made Against Accused, Can't Conduct Roving Inquiry: Andhra Pradesh HC

Team SoOLEGAL 7 May 2022 12:26pm

S.482 CrPC | Criminal Proceedings Can't Be Quashed If Specific Accusations Made Against Accused, Can't Conduct Roving Inquiry: Andhra Pradesh HC

New Delhi: The Andhra Pradesh High Court has reiterated that inherent powers under Section 482 CrPC cannot be exercised when prima facie specific accusations have been leveled because the material appraisal is not permitted at this stage.

Justice Srinavasa's single-judge bench dismissed the petition of an accused in a Dowry Case who claimed there was no offence against her.

The petitioner, who is the second accused, is charged with violating Sections 498A, 324, 506, and 109 of the Indian Penal Code, as well as Sections 3 and 4 of the Dowry Prohibition Act. The petitioner is said to be having an affair with the defacto complainant's husband and has a child with him.

Petitioner's learned counsel argued that petitioner/A.2 is A.1's second wife and that there is no evidence of any wrongdoing against her. Surajdeo Yadav vs. the State of Bihar, and Rajeev Kourav Vs. Baisahab was cited as precedent.

Learned Counsel for the respondent argued that the allegations in the FIR, recitals in Section 161 Cr.P.C. statements, and the charge sheet reveal a prima facie case against the petitioner/A.2 for the offences alleged against her and that there are no grounds to quash the impugned proceedings given the specific accusations.

Learned Counsel for the respondent argued that the allegations in the FIR, recitals in Section 161 Cr.P.C. statements, and the charge sheet reveal a prima facie case against the petitioner/A.2 for the offences alleged against her and that there are no grounds to quash the impugned proceedings given the specific accusations.

The State's Assistant Public Prosecutor opposed the charge sheet's quashing because the charge sheet and the FIR contain allegations against her, and the truth or falsity of the allegations must be determined during the trial.

The Court stated right away that the inherent powers of this Court under Section 482 Cr.PC can be used to prevent abuse of the judicial process, give effect to any order made under the code, or secure the ends of justice.

It was noted that in the FIR, petitioner/A.2 is accused of having illicit intimacy with A.1 and instigating A.1 to demand an additional dowry of Rs.1,00,000/- and to mentally and physically harass 1st respondent/defacto complainant.

"Specific accusation has been made as against the petitioner. In a proceedings under Section 482 Cr.P.C., this Court would not be in a position to conduct a roving enquiry into the facts of the case. Prima facie when an accusation has been made, this Court would not embark upon the appreciation of the material in a petition under Section 482 Cr.P.C. for quashing the proceedings."

Thus, the petition was dismissed.



Tagged: Andhra High Court   Section 482 CrPC  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com