CHUNDURU SIVA RAM KRISHNA AND ANR. versus PEDDI RAVINDRA BABU AND ANR.

CHUNDURU SIVA RAM KRISHNA AND ANR. versus PEDDI RAVINDRA BABU AND ANR.

No prima facie case is made out against the appellants (accused Nos. 2-3, 6-8) as there is no specific role ascribed to them in the charge sheet or complaint. Allegations are bald and vague, insufficient to proceed against them for the offences alleged. Proceedings against these appellants are quashed under section 482 CrPC.

Parties
Appellant: Chunduru Siva Ram Krishna; Appellants (nos. 2 3, 6 8): Chunduru Siva Ram Krishna (other family members); Respondent: Peddi Ravindra Babu; Respondents: Peddi Ravindra Babu (other paddy suppliers)
Jurisdiction
India
Judgment Date
25 March 2009
Procedural Posture
Criminal Appeal / Appeal From Dismissal of Petition for Quashing by High Court
Outcome
Appeals allowed to the extent of quashing proceedings against appellants (Nos. 2-3, 6-8).
Legal Topics
Quashing of Criminal Proceedings, Scope of Section 482 Cr PC, Criminal Breach of Trust, Cheating Under IPC, Ingredients of Criminal Offences
Criminal Law Quashing of Criminal Proceedings Scope of Section 482 Cr PC Criminal Breach of Trust Cheating Under IPC Ingredients of Criminal Offences

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Parties

Chunduru Siva Ram Krishna

Appellant

Chunduru Siva Ram Krishna (other family members)

Appellants (nos. 2 3, 6 8)

Peddi Ravindra Babu

Respondent

Peddi Ravindra Babu (other paddy suppliers)

Respondents

Procedural Posture

Criminal Appeal / Appeal From Dismissal of Petition for Quashing by High Court

Legal Issues

  1. 1 Whether criminal proceedings under sections 406, 420, 424 read with section 34 IPC against certain accused (family members of main accused) can be quashed for lack of prima facie case
  2. 2 Scope and principles for quashing a criminal prosecution at the initial stage under Section 482 CrPC

Ratio Decidendi

No prima facie case is made out against the appellants (accused Nos. 2-3, 6-8) as there is no specific role ascribed to them in the charge sheet or complaint. Allegations are bald and vague, insufficient to proceed against them for the offences alleged. Proceedings against these appellants are quashed under section 482 CrPC.

Court Disposition

Appeals allowed to the extent of quashing proceedings against appellants (Nos. 2-3, 6-8).

Orders

  • Proceedings against accused Nos. 2 and 3 and accused Nos. 6 to 8 are quashed.
  • No opinion expressed on allegations against other accused.