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Documents citing Kaluva Kumar vs State Of Ap on 28 August, 2019

Senthilkumar vs The Inspector Of Police on 20 September, 2023

13. Considering the fact that there are serious allegations against the accused if FIR is quashed, prejudice will be caused to the 13/16 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.11348 of 2023 respondent/complainant. Therefore, as observed by the High Court of Andhra Pradesh in Kaluva Kumar v. State of AP in Criminal Petition No.4229 of 2019, while quashing the FIR, defacto complainant shall be given liberty to file a fresh complaint before the learned Magistrate under Section 156 (3) of Cr.P.C., after complying all the requirements of Priyanka Srivastava and Babu Venkatesh (supra), so that learned Magistrate shall consider the same, record the reason and forward the same to the police for investigation.
Madras High Court Cites 18 - Cited by 0 - D Nagarjun - Full Document

Somireddy Chandra Mohan Reddy vs The State Of Andhra Pradesh on 21 January, 2020

(b) Thirdly, pointing out the technical laches in the matter of referring the complaint to Police, he strenuously argued that the learned Magistrate has simply forwarded the complaint to the Police under Section 156(3) of Cr.P.C without clearly mentioning in his order as to what facts and circumstances have weighed in his mind for referring the complaint to the Police, which is the sine quo non to transmit the complaint to the Police for investigation. Since no such reasoned order was passed by the Magistrate, he argued, the F.I.R is liable to be quashed. He relied upon the order of this Court dated 28.08.2019 in Crl.P.No.4229/2019 (Kaluva Kumar and others vs. State of Andhra Pradesh) and the order dated 30.08.2019 in 1 (2009) 8 Supreme Court Cases 751 UDPR,J Crl.P.No.5300 of 2019 7 Crl.P.Nos.4560 & 4642/2019 (M. Hanumantha Rao vs. State of Andhra Pradesh).
Andhra Pradesh High Court - Amravati Cites 14 - Cited by 1 - U D Rao - Full Document
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