Under Section 482 CrPC Jurisdiction, Court Can't Examine If Subsequent Statement Was Improvement Of Sec 161 Statement: AP High Court
The Andhra Pradesh Court recently ruled that in a petition filed under Section 482 Cr.P.C the Court cannot appreciate the evidence on record in exercise of its inherent powers. The Criminal Petition under Section 482 of the CrPC, 1973 was filed seeking to quash the charge sheet. The petitioner who was one of the accused was undergoing prosecution for the offences punishable...
The Andhra Pradesh Court recently ruled that in a petition filed under Section 482 Cr.P.C the Court cannot appreciate the evidence on record in exercise of its inherent powers.
The Criminal Petition under Section 482 of the CrPC, 1973 was filed seeking to quash the charge sheet. The petitioner who was one of the accused was undergoing prosecution for the offences punishable under Section 498A r/w 34 IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
The Petitioner's contention was that in the FIR it was only stated that the Petitioner harassed the complainant by using harsh language against her. However, in complainant's Section 161 Cr.PC statement (statement to police) it is stated that the petitioner also harassed her along with other accused by making illegal demand of additional dowry.
The Petitioner alleged that it is a deliberate improvement in her Section 161 Cr.P.C. statement which was not stated in the FIR. He prayed for quash of the said charge sheet on this ground.
Justice Chekati Manavendranath Roy ruled that the ground raised by the petitioner is not a valid legal ground for quash of charge sheet under Section 482. The bench stated as below:
"Whether the subsequent statement given by her in her Section 161 Cr.P.C statement is an improvement made subsequently or not and whether the said evidence is true or not is the matter relating to appreciation of evidence by the trial Court in the final adjudication of the case. This Court in a petition filed under Section 482 Cr.P.C cannot appreciate the evidence on record in exercise of its inherent powers."
The Court dismissed the Criminal Petition since the ground that was urged by the petitioner pertains to appreciation of evidence of witnesses which the Court does not have power to do under Section 482 Cr.P.C.
Case Title: Thammisetti Narasimha Rao Versus The State of AP
Case No: Criminal Petition No.63 of 2022