M. SRIKANTH versus STATE OF TELANGANA AND ANR.

M. SRIKANTH versus STATE OF TELANGANA AND ANR.

The alleged criminal complaint against accused No. 4 shows only a civil dispute regarding inheritance and property rights, and there is no material to suggest accused No. 4 had knowledge of any fabrication or conspiracy. Since related civil proceedings are ongoing, criminal proceedings against accused No. 4 constitute an abuse of process and are therefore quashed.

Parties
Appellant/accused No. 4: M. Srikanth; Complainant/respondent No. 2: Fatima Hasna; Respondent No. 1: State of Telangana; Accused No. 5: Hindustan Petroleum Corporation Ltd. (HPCL); Accused No. 6: S.K. Srui; Accused No. 9: R. Umapathi; Accused No. 7: Khaja Mohiuddin; Accused No. 8: G.V. Prasad; Accused No. 3: Abid Rasool Khan; Accused No. 1: Akramuddin Hasan
Jurisdiction
India
Judgment Date
21 October 2019
Procedural Posture
Criminal Appeal / Appeal From High Court Order on Criminal Petition Under S.482 Cr.p.c.
Outcome
Appeal of accused No. 4 allowed; criminal proceedings quashed. Appeals of original complainant dismissed.
Legal Topics
Quashing of Criminal Proceedings, Inheritance Dispute, Abuse of Process, Section 482 Cr.p.c. Jurisdiction, Forgery Allegations
Criminal Law Civil Law Quashing of Criminal Proceedings Inheritance Dispute Abuse of Process Section 482 Cr.p.c. Jurisdiction Forgery Allegations

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Parties

M. Srikanth

Appellant/accused No. 4

Fatima Hasna

Complainant/respondent No. 2

State of Telangana

Respondent No. 1

Hindustan Petroleum Corporation Ltd. (HPCL)

Accused No. 5

S.K. Srui

Accused No. 6

R. Umapathi

Accused No. 9

Khaja Mohiuddin

Accused No. 7

G.V. Prasad

Accused No. 8

Abid Rasool Khan

Accused No. 3

Akramuddin Hasan

Accused No. 1

Procedural Posture

Criminal Appeal / Appeal From High Court Order on Criminal Petition Under S.482 Cr.p.c.

Legal Issues

  1. 1 Whether criminal proceedings should be quashed against accused No. 4 under s.482 Cr.P.C.?
  2. 2 Whether the dispute regarding inheritance and alleged forgery amounts to a criminal offence or is essentially a civil dispute?
  3. 3 Whether accused No. 4 can be proceeded against when allegations pertain mainly to accused No. 1?

Ratio Decidendi

The alleged criminal complaint against accused No. 4 shows only a civil dispute regarding inheritance and property rights, and there is no material to suggest accused No. 4 had knowledge of any fabrication or conspiracy. Since related civil proceedings are ongoing, criminal proceedings against accused No. 4 constitute an abuse of process and are therefore quashed.

Court Disposition

Appeal of accused No. 4 allowed; criminal proceedings quashed. Appeals of original complainant dismissed.

Orders

  • Criminal proceedings in Crime No. 311/2010 of P.S., Central Crime Station, Hyderabad, against accused No. 4 are quashed and set aside.
  • Criminal appeals filed by the original complainant are dismissed.