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april 2009

Supreme Court of India · 2009-04-15

State Of A.P vs Aravapally Venkanna & Anr

Citation / case number
AIR 2009 SUPREME COURT 1863
Court
Supreme Court of India
Petitioner
State Of A.P
Respondent
Aravapally Venkanna & Anr
Author
Arijit Pasayat
Bench
P. Sathasivam, Lokeshwar Singh Panta, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the FIR under Section 7(A) and Section 8(e) of the A.P. Prohibition Act, 1995, read with Section 109 IPC, emphasizing that the exercise of inherent powers under Section 482 of the CrPC should be sparingly used and only to prevent abuse of the court process or secure justice. The Court clarified that the High Court's role is not to assess the adequacy of evidence at this stage but to determine if an offense is disclosed. The appeal was allowed, reinstating the FIR for further investigation.

State Of A.P vs Aravapally Venkanna & Anr · Niyam