Case Note & Summary
The petitioner, Rajesh Yallappa Totaganti, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the entire criminal proceedings in C.C. No.804/2022 pending before the Additional Civil Judge and II Additional JMFC Court, Ranebennur, and the order of cognizance dated 20.09.2022. The petitioner was arrayed as accused No.2 in the case, which was initiated based on a private complaint filed by the second respondent (complainant) on 07.10.2015 against three accused for offences punishable under Sections 420, 465, 467, 468, 471, 474 read with Section 34 of the Indian Penal Code, 1860 (IPC). The complainant alleged that the accused had cheated him by creating false documents. However, the complaint did not contain any specific allegations against the petitioner. The only reference to the petitioner was that he was a relative of accused No.1. No overt act or criminal intent was attributed to the petitioner. The High Court, after hearing the counsel for the petitioner and the State, found that the complaint lacked specific allegations against the petitioner. The court held that continuing the proceedings against the petitioner would be an abuse of the process of law. Consequently, the petition was allowed, and the entire criminal proceedings against the petitioner in C.C. No.804/2022 were quashed.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Lack of Specific Allegations - Complaint against three accused for cheating and forgery - Petitioner/accused No.2 was not specifically named in the complaint except as a relative of accused No.1 - No overt act or criminal intent attributed to petitioner - Held that continuation of proceedings would be an abuse of process of law, proceedings quashed (Paras 1-6).
Issue of Consideration
Whether the criminal proceedings against the petitioner/accused No.2 in C.C. No.804/2022 for offences under Sections 420, 465, 467, 468, 471, 474 read with Section 34 IPC should be quashed for lack of specific allegations.
Final Decision
The petition is allowed. The entire criminal proceedings against the petitioner in C.C. No.804/2022 pending on the file of Additional Civil Judge and II Additional JMFC Court, Ranebennur, and the order of cognizance dated 20.09.2022 are quashed.
Law Points
- Criminal proceedings can be quashed under Section 482 CrPC if the complaint does not disclose any specific overt act or criminal intent against the accused
- mere mention of name in complaint is insufficient to sustain charges of cheating and forgery
