SEEPANA GUNA PRASAD Vs. STATE OF A P

JUDGEMENT

(1.) The petitioners/accused filed the present Criminal Petition under Section 482 of the Code of Criminal Procedure praying for the relief of quashing the proceedings in C.C.No.119/2004 on the file of VII Metropolitan Magistrate, Visakhapatnam. The petitioners were charged with an offence under Section 420 IPC. The 1st respondent had laid the charge sheet.

(2.) Sri P. Satyanarayana, the learned Counsel representing the petitioners would maintain that even if the allegations in the charge sheet are taken into consideration the ingredients of Section 420 IPC are not attracted. Even otherwise, these allegations are mala fide allegations and prima facie if the Court is satisfied that these allegations are mala fide, the proceedings definitely can be quashed. The learned Counsel placed strong reliance on Alpic Finance Ltd. v. P. Sadasivan and State of M.P. v. Dr. Krishna Chandra Saksena. The learned Counsel also placed the Official Memorandum dated 27-4-2005 wherein it is stated that the A.P. State Human Rights Committee had directed payment of some compensation. On the strength of the same, submissions at length were made in the light of the same that these proceedings can prima facie be taken as mala fide.

(3.) Per contra, Sri M. Viswanadham, the learned Counsel representing the contesting respondents would maintain that the mere fact that the Human Rights Committee had awarded some compensation in the light of the allegations made as against the Police, the same cannot be a ground to quash the proceedings.