Andhra Pradesh High Court - Amravati
P.Purna Chandra Rao vs State Of Andhra Pradesh on 2 January, 2020
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THE HON'BLE SRI JUSTICE A.V.SESHA SAI
CRIMINAL PETITION NO.6794 of 2019
ORDER:
1. This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C), by the petitioner herein/A4 in C.C.No.353 of 2018 on the file of the Additional Junior Civil Judge- cum-Judicial First Class Magistrate, Ponnur, Guntur District, seeking quashment of the said Calendar Case.
2. According to the learned counsel for the petitioner, the petitioner herein is only a document writer and according to the instructions of accused Nos.1 to 3, he drafted the document and has absolutely no role in the commission of offence. It is further submitted by the learned counsel for the petitioner that the petitioner herein is an innocent person and he was falsely implicated in the criminal case and the allegations made in the charge sheet do not attract the provisions of law mentioned in the FIR. It is further submitted that in the absence of necessary ingredients of provisions of law, the very initiation of the prosecution against the petitioner is a patent abuse of process of law.
3. On the contrary, it is submitted by the learned Additional Public Prosecutor that in view of the existence of the allegations in the charge sheet, the prosecution against the petitioner can not be quashed under Section 482 of Cr.P.C.
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4. A perusal of the charge sheet filed by the police shows that the same contains prima facie allegations against the petitioner herein and in the considered opinion of this Court, the same are required to be gone into during the course of trial. In the absence of any material prima facie to show and demonstrate the existence of element of abuse of process of law, the invocation of jurisdiction under Section 482 of Cr.P.C is impermissible.
5. For the aforesaid reasons, the Criminal petition is dismissed. No order as to costs.
As a sequel, miscellaneous petitions pending, if any, in the Criminal Petition shall stand closed.
__________________ A.V.SESHA SAI, J 02.01.2020 MP