Criminal Petition No. 9947 of 2009 · Andhra Pradesh High Court
Case at a glance
- Bench
- K S APPA RAO
Outcome
Dismissed
Hence, the criminal petition is dismissed
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 s. 420
Judgment
This petition is filed under Section 482 Cr.P.C., for quashing the proceedings in Crime No.168 of 2009 of Mahabubabad Police Station, Warangal District, registered for the offence punishable under Section 420 IPC. Learned counsel for the petitioner argued that the petitioner is innocent and there is no iota of truth in the allegations made in the complaint, even otherwise a reading of the complaint does not attract the provisions of Section 420 IPC, and the present complaint is filed only to get unlawful gain from the petitioner. Now the point for consideration is whether there are any grounds to quash the proceedings in the aforesaid crime number. A perusal of the complaint lodged by the defacto complainant shows that there is love affair between the defacto complainant and the petitioner/accused and due intimacy they both led conjugal life. On
Operative part
26.09.2009, the petitioner took the defacto complainant to Bhadrachalam on the occasion of ‘Saddula Bathukamma’ festival and there he tied ‘mangalasutram’ to the defacto complainant and they both led marital life in the house of one Om Narayana, at Mahabubabad, and thereafter the petitioner neglected her stating that his parents have settled his marriage with another girl of his community on which the defacto complainant put the issue before the elder Jinna Reddy, the petitioner assured the defacto complainant that he will look after her well, but failed to do so. The police, on receipt of the complaint, started investigation. The truth or otherwise of the allegations made against the petitioner will be decided in due course of trial, and therefore, any finding by this Court, at this stage, is pre-mature. Hence, I see no grounds to quash the proceedings. Hence, the criminal petition is dismissed. __________________________ JUSTICE K.S. APPA RAO 26th July, 2012
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, the criminal petition is dismissed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — s. 420.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.