Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Government Can't Deny Implied Surrender After Refusing to Accept Possession: Madras HC Clarifies Scope of Section 111(f) of TP Act Custodial Interrogation Must Prevail Over Pre-Arrest Comfort in Hate Speech Cases: Punjab & Haryana High Court Denies Anticipatory Bail for Provocative Remarks Against Migrants Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Cruelty Must Be Grave and Proven – Mere Allegations of Disobedience or Demand for Separate Residence Don’t Justify Divorce: Jharkhand High Court Rejects Husband’s Divorce Appeal Retaliatory Prosecution Cannot Override Liberty: Himachal Pradesh High Court Grants Bail in PMLA Case Post CBI Trap of ED Officer Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal Findings of Fact Cannot Be Re-Appreciated in an Appeal Under Section 10F Companies Act: Madras High Court Equality Is Not A Mechanical Formula, But A Human Commitment: P&H High Court Grants Visually Impaired Mali Retrospective Promotions With Full Benefits Orissa High Court Rules Notice for No Confidence Motion Must Include Both Requisition and Resolution – Provision Held Mandatory Ashramam Built on Private Land, Managed by Family – Not a Public Religious Institution: Andhra Pradesh High Court Quashes Endowments Notification Cruelty Must Be Proved, Not Presumed: Gujarat High Court Acquits Deceased Husband In 498A Case After 22 Years Trade Dress Protection Goes Beyond Labels: Calcutta High Court Affirms Injunction Over Coconut Oil Packaging Mimicry Mere Filing of Income Tax Returns Does Not Exonerate the Accused: Madras High Court Refuses Discharge to Wife of Public Servant in ₹2 Crore DA Case

High Court Dismisses Petition in Property Dispute Case, Upholds Criminal Charges Despite Delayed FIR

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the Andhra Pradesh High Court has dismissed a criminal petition, emphasizing the importance of upholding criminal charges in property disputes. The case, presided over by Justice Tarlada Rajasekhar Rao, involved allegations of criminal trespass and assault, stemming from a heated property dispute between B Siva Sankar Reddy and B Srinivasul Reddy.

In his order dated November 20, 2023, Justice Rao firmly stated, “The existence of a civil dispute does not negate the possibility of criminal charges.” This remark came in the context of a charged altercation on a disputed property, leading to a police complaint and subsequent legal battle.

The case, registered as Criminal Petition No. 4200 of 2019, revolved around an incident on June 28, 2016. The petitioner, accused of trespassing and assaulting the respondent on the latter’s land, faced charges under Sections 447, 324, and 506 of the IPC. Despite a delay in the registration of the FIR, attributed to police inaction, the Court found no grounds to quash the proceedings.

Highlighting a significant legal point, the judgment also addressed the necessity of an affidavit in private complaints under Section 156(3) of the Cr.P.C. Justice Rao referenced the Supreme Court’s stance in the Priyanka Srivastava case and acknowledged the Uttarakhand High Court’s view that non-filing of an affidavit is a curable defect.

In a decisive conclusion, the High Court dismissed the petition, allowing the proceedings in C.C. No.135 of 2018 against the petitioner to continue. This ruling underscores the Court’s commitment to ensuring that criminal aspects in civil disputes are not overlooked, setting a precedent for future cases involving similar complexities.

Date of Decision: 20th November 2023

B SIVA SANKAR REDDY VS B SRINIVASUL REDDY

Latest Legal News