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R. PONGIAPPAN
R. Boopathy – Appellant
Versus
Inspector of Police, Varapalayam Police Station, Erode – Respondent
JUDGMENT
(Prayer: Criminal Revision Petition has been filed under Section 397 r/w 401 of the Code of Criminal Procedure, praying to call for the records relating to the order made in Crl.M.P.No.2491 of 2021 on the file of the learned Judicial Magistrate No.II, Gobichettipalayam, Erode District dated 24.11.2021 by setting aside the order and further direct the first respondent to register the case based upon the complaint dated 05.10.2021 given by the petitioner against the accused and investigate the same.)
1. This Criminal Revision Case has been filed to call for the records relating to the order dated 24.11.2021 passed in Crl.M.P.No.2491 of 2021 on the file of the learned Judicial Magistrate No.II, Gobichettipalayam, Erode District, by setting aside the order and further direct the first respondent to register the case based upon the complaint given by the petitioner as against the accused / respondents.
2. Before the trial Court, the revision petitioner herein filed a petition under Section 156(3) Cr.P.C. praying to direct the respondent police to register the First Information Report, in reference to the complaint dated 05.10.2021. The said complaint presented by the revision peti
In a property dispute where a civil suit is pending and both parties claim the property as their own, it is not necessary to lodge a criminal case for determining the right of the party.
Magistrate not post office; must judicially assess before directing FIR in civil-disguised criminal complaints under BNSS Section 175(3).
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....
The court determined that disputes of a civil nature do not warrant criminal prosecution under Section 156(3) of the Cr.P.C.
The court affirmed that a Magistrate has discretion under Section 156(3) Cr.P.C. to determine if a complaint discloses a cognizable offence, and dismissal of such petitions is valid if the dispute is....
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