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R. PONGIAPPAN
A. Narayanan – Appellant
Versus
State Rep. by Inspector of Police, Central Crime Branch, Chennai – Respondent
JUDGMENT
(Prayer: Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, against the order dated 13.10.2021 made in CMP No.3059 of 2021 in C.C.No.189 of 2009, on the file of the learned Judicial Magistrate No.I, Poonamallee.)
1. This Criminal Revision Case has been directed against the order dated 13.10.2021, passed by the learned Judicial Magistrate No.I, Poonamallee, in Crl.M.P.No.3059 of 2021 in C.C.No.189 of 2009.
2. The petitioner is arrayed as Accused No.2 in C.C.No.189 of 2009. The said case has been foisted against the petitioner and four others, alleging that they committed offence under Sections 420, 465, 467, 468, 471, 420 and 120 IPC. After taking cognizance, when the said case has been posted for trial, the petitioner herein filed a petition under Section 239 of Cr.P.C., praying to discharge him from the charges.
3. Before the trial Court, it is the case of the prosecution that the defacto complainant’s father had purchased a landed property measuring an extent of 34 cents in Survey No.440/2A1A and 11 cents in Survey No.440/2J, from one Mr.Parthasarathy Pillai by a deed of Sale Document No.2693/1963 registered on the file of the Sub Regis
The obligation to discharge the accused under Section 239 Cr.P.C. arises when the Magistrate considers the charge against the accused to be groundless, and where material on record discloses offence,....
The validity of documents, probative value, and admissibility of documents cannot be examined at the stage of framing charges and can be addressed during trial. The defense taken by the accused canno....
The judgment established that a complaint related to the validity of a Settlement Deed did not constitute forgery as defined under Section 464 of the Indian Penal Code.
Pending resolution of civil partition suit, criminal proceedings regarding property disputes are unnecessary, with the court prohibiting encumbrance creation based on settlement deeds.
The court ruled that civil disputes regarding property do not constitute cognizable offences for criminal investigation under Section 156(3) Cr.P.C. when they are barred under the Code and pertain to....
The main legal point established in the judgment is the application of legal principles in determining the existence of a prima facie case and the absence of grave suspicion against the accused in fr....
Execution of sale deeds does not amount to forgery without clear intent; civil disputes should not be framed as criminal complaints.
The alleged fraud committed in the Court made the private complaint not maintainable, and the absence of a criminal element in the accused's actions led to the dismissal of the criminal revision case....
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