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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M. M. NERLIKAR
Jain Real Estate Builders – Appellant
Versus
Parag Prakash Banthia – Respondent
| Table of Content |
|---|
| 1. case facts establish a dispute involving land sale and allegations of fraud. (Para 2 , 3) |
| 2. arguments presented regarding the nature of the dispute and affidavit necessity. (Para 5) |
| 3. court observations on the affidavit requirement and civil nature of the dispute. (Para 6 , 10 , 12 , 13 , 14) |
| 4. the necessity of a supporting affidavit for a complaint under section 156(3) was found to be mandatory. (Para 9 , 11) |
| 5. final ruling resulted in dismissal of the writ petition. (Para 15) |
JUDGMENT :
M. M. NERLIKAR, J.
Heard.
2. By way of this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the judgment and order dated 14.08.2024 passed by the Additional Sessions Judge, Nagpur in Criminal Revision No.226/2023 and the order dated 20.07.2023 passed by the learned Judicial Magistrate First Class Court No.6, Nagpur in Criminal Misc. Application No. 1600/2023, wherein the complaint filed by the petitioner under Section 156 (3) of the Code of Criminal Procedure (“Code”) was dismissed.
3. Brief facts of the case appears to be:-
The petitioner is a partnership firm dealing in the business of real estate and construction through its par
The requirement to file an affidavit in support of a complaint under Section 156(3) CrPC is mandatory, and failure to comply results in dismissal of the complaint.
Direction for Police investigation – Applications under Section 156 (3) of Cr.P.C. are filed in a routine manner without taking any responsibility only to harass certain persons – In an appropriate c....
The court ruled that failure to file a supporting affidavit under Section 156(3) does not necessarily invalidate proceedings if substantial evidence of wrongdoing exists against the accused.
The court ruled that criminal proceedings based on civil disputes without clear fraudulent intent are an abuse of process, necessitating dismissal of such charges.
The court established that applications under Section 156(3) of the Cr.P.C. must be supported by affidavits and prior applications under Sections 154(1) and 154(3) to prevent abuse of the legal proce....
The requirement of an affidavit in applications under Section 156(3) Cr.P.C. is procedural, and failure to include one does not render the judicial order illegal if prima facie evidence supports it.
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