Back
VIKRAM NATH, SANDEEP MEHTA
S. Anand – Appellant
Versus
State of Tamil Nadu Represented by its Inspector of Police – Respondent
| Table of Content |
|---|
| 1. appeal against high court quashing refusal (Para 1 , 2 , 3) |
| 2. forged will alleged for property alienation conspiracy (Para 4 , 5 , 6 , 7 , 8) |
| 3. quashing denied due to disputed facts (Para 9 , 10) |
| 4. bona fide purchaser lacks forgery involvement (Para 11 , 12 , 13 , 14) |
| 5. trial warranted for forgery and conspiracy charges (Para 15 , 16 , 17 , 18) |
| 6. purchasers not liable absent knowledge of forgery (Para 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 7. proceedings quashed solely against appellant (Para 26 , 27) |
ORDER :
SANDEEP MEHTA, J.
1. Heard.
2. Leave granted.
3. The appellant seeks to assail the common order dated 11th August, 2022 passed by the High Court of Judicature at Madras1 [Hereinafter referred to as ‘High Court’] whereby, Crl. OP (MD) No. 10902 of 2019, preferred by the appellant under Section 482 of Code of Criminal Procedure, 19732 [For short “Cr.P.C.”] came to be dismissed. By way of the said petition, the appellant had sought to call for the records of Criminal Case No. 419 of 2018 pending on the file of the Judicial Magistrate No. II, Karur, and to quash the proceedings thereof.
4. Respondent No. 2-complainant lodged a complaint to the Superintendent of Police, Karu
Forgery – Purchaser of property which was acquired through a forged Will, cannot be held criminally liable for offence of forgery.
A purchaser of immovable property for valuable consideration cannot be prosecuted for cheating or criminal conspiracy simply due to an alleged forgery of a document by the vendor, absent specific evi....
(1) Perfunctory investigation cannot be a ground either to quash criminal proceedings or even to acquit accused.(2) Whether a complaint discloses a criminal offence or not, depends upon nature of act....
(1) Quashing of criminal case – High Court is justified in quashing complaint and FIR at a stage when Magistrate had merely directed investigation under Section 156(3) Cr.P.C.(2) Quashing of criminal....
The court established that civil disputes should not be cloaked as criminal offences, and quashing is warranted when no prima facie case exists.
The main legal point established in the judgment is the need to carefully consider the allegations of cheating and fraud, particularly in cases involving multiple parties and complex transactions. Th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
