MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

FIR Quashing | Police Lack Authority to Reinvestigate After a Significant Lapse of Time Without New Evidence: Andhra Pradesh High Court

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Andhra Pradesh High Court at Amaravati, led by Dr. Justice K. Manmadha Rao, quashed FIR No. 72 of 2016, citing a lack of police authority for reinvestigation without new evidence, thereby preventing what it termed as "illegal, arbitrary, and violative of Articles 21 and 22 of the Constitution."

The court's decision addressed the critical legal issue of the police's jurisdiction and authority to reinvestigate a matter that had previously been investigated and filed. It centered on the petitioners' plea for a writ of certiorari to quash the FIR concerning the same allegations addressed in an earlier FIR.

The petition stemmed from allegations following the suicide of the third respondent's father, leading to the initial FIR No. 378 of 2015. Despite the closure of the initial investigation, a subsequent FIR (No. 72 of 2016) was lodged against the petitioners after eight months, purportedly to pressure the petitioners over financial disputes and avoid obligations. The petitioners contended that this constituted double jeopardy and an abuse of the legal process aimed at harassment.

Jurisdiction and Authority for Reinvestigation: The court critically analyzed whether the police had the jurisdiction to launch a reinvestigation in the absence of new evidence. Drawing upon precedent, notably the decision in T.T. Antony v. State of Kerala, it emphasized that police reinvestigation without fresh evidence contravenes legal protocols and amounts to an abuse of power.

Double Jeopardy and Civil Nature of Dispute: The judgment highlighted that the issues between the parties were primarily civil and had been previously adjudicated within the criminal framework, which does not warrant a subsequent criminal probe or proceedings.

Rights under Articles 21 and 22: Justice Rao pointed out the constitutional implications of the police's actions, particularly how an unnecessary and unwarranted reinvestigation infringes on the fundamental rights of the individuals involved.

The High Court conclusively ordered the quashing of FIR No. 72 of 2016 and all related criminal proceedings against the petitioners. It declared the reinvestigation by the police as devoid of any legal standing, thereby upholding the rights of the petitioners under the Constitution.

Date of Decision: March 28, 2024

Medapati Venkata Reddy @ Bulli Reddy, and Others v. The State Of Andhra Pradesh and Others

Latest Legal News