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august 2008

Supreme Court of India · 2008-08-20

Gorige Pentaiah vs State Of A.P. & Ors

Citation / case number
AIR 2008 SC (SUPP) 634
Court
Supreme Court of India
Petitioner
Gorige Pentaiah
Respondent
State Of A.P. & Ors
Bench
J.M. Panchal, Dalveer Bhandari

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of a petition under Section 482 of the Code of Criminal Procedure, affirming that the allegations in the complaint did not constitute an offense under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, or under Sections 447, 427, and 506 of the Indian Penal Code. The Court found that the complaint lacked essential elements, such as the appellant's status as a non-member of a Scheduled Caste or Scheduled Tribe and the absence of intimidation or threats. Consequently, the Court ruled that allowing the complaint to proceed would constitute an abuse of process of law, leading to the quashing of the proceedings against the appellant.

Gorige Pentaiah vs State Of A.P. & Ors · Niyam