Andhra Pradesh HC Clarifies Scope of Section 482 Jurisdiction

In a recent judgment, the single-judge bench of the Andhra Pradesh High Court provided valuable insights into the scope of Section 482 of the Code of Criminal Procedure, 1973, emphasizing that courts, when exercising this authority, are not functioning as courts of appeal or revision. The ruling came in response to a petition seeking the quashing of proceedings initiated under Section 420 IPC against the petitioners.

The case stemmed from a dispute over the sale of land, wherein the complainant and his brother-in-law sold portions of their land to various individuals. Subsequently, the vendees exerted pressure on the sellers, alleging that the land was claimed by others. This led to the registration of a case under Section 420 IPC, prompting the petitioners to seek relief under Section 482 CrPC.

In their contentions, the petitioners argued that they were not directly involved in the transaction and that the case was filed to circumvent the civil litigation’s limitation period. Conversely, the respondents maintained that the allegations warranted further investigation through trial.

The court, in its observations, highlighted that Section 482 jurisdiction is invoked to ensure substantial justice, considering the specific facts and circumstances of each case. It underscored that this authority should be exercised sparingly, only in cases involving abuse of legal processes or manifest injustice.

Relying on precedent judgments, the court emphasized that even when considering the allegations at face value, they did not prima facie establish an offense against certain accused individuals. Consequently, the court quashed the proceedings against these individuals while directing that the trial proceed against others.

The judgment, delivered by Hon’ble Mr. Justice Venkata Jyothirmai Pratapa, elucidates the nuanced approach courts must adopt when adjudicating matters under Section 482 CrPC. It reaffirms the principle that the objective of criminal proceedings is to ascertain truth through a fair and impartial trial, rather than precluding inquiry based on technicalities.

This decision serves as a reminder of the judiciary’s commitment to upholding the principles of justice and equity, ensuring that legal remedies are utilized judiciously to serve the interests of justice.

Case title: Bandaru Asha Latha Vs The State of Andhra Pradesh

Coram: Hon’ble Mr. Justice Venkata Jyothirmai Pratapa

Case No.: CRIMINAL PETITION NOs.3026 of 2020 & 6254 of 2021

Advocates for the Petitioner: Sri P. Mohan Rao for A.1, Sri N. Ravi Prasad for A.2 & A.3

Advocates for the Respondent: Sri Y. Kiran Kumar

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