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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
R. Baba Shankar – Appellant
Versus
State Rep. by Sub Inspector of Police, Kancheepuram – Respondent
ORDER :
1. Leave granted.
2. Heard the learned senior counsel appearing for the appellant, the learned senior counsel appearing for the respondent-State and the learned counsel appearing for respondent Nos. 2, 3, 5 and 6.
3. First Information Report was registered at the instance of the second respondent for the various offences punishable under Sections 420, 465, 468, 471 read with Section 34 of the Indian Penal Code, 1860 (for short “the IPC”) against the appellant (accused No. 4) and three other accused. Ultimately, a charge-sheet has been filed only for the offence punishable under Section 420 read with 34 of the IPC.
4. There was a general power of attorney admittedly executed on 23rd March, 2005 by one Nagammal and Gengammal in respect of the subject property in favour of accused No. 2 (A. Jayaraman). There is no dispute about the genuineness of the power of attorney and the fact that the same was registered. Accused No. 2 along with accused Nos. 1 and 3 executed a Memorandum of Understanding (MOU) dated 5th September, 2005 in favour of a company, namely, M/s. Classic Farms Chennai Ltd. (for short “the Company”) of which the appellant was the Managing Director. The MOU records th
The delay of 8 years in filing the FIR constituted an abuse of process of law, warranting quashing of the criminal proceedings against the appellant.
The pendency of a civil dispute does not bar a criminal prosecution, and a complaint disclosing civil transactions may also have a criminal texture.
A power of attorney is not compulsorily registerable under the Registration Act for the purpose of presenting a deed of sale; furthermore, a suit for declaration against such transactions is subject ....
FIR quashed under S.528 BNSS despite non-compoundable offences due to amicable settlement, following Supreme Court guidelines.
The main legal point established is the need for a fair and thorough investigation in cases involving property disputes and allegations of fraudulent activities.
A sale deed executed after the cancellation of a power of attorney is invalid under the Power of Attorney Act, reinforcing the principle that authority must exist for legitimate transfer of property ....
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