Back
G. K. ILANTHIRAIYAN
M. K. M. Mohamed Shafi – Appellant
Versus
State represented by the Inspector of Police, District Crime Branch, Tirunelveli – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records of the impugned charge sheet in C.C.No.262 of 2021 on the file of the Special Court for Land Grabbing Cases, Tirunelveli and quash the same against the petitioners.)
1. This Criminal Original Petition has been filed to quash the charge-sheet in C.C.No.262 of 2021 on the file of the Special Court for Land Grabbing Cases, Tirunelveli, as against the petitioners.
2. There are totally 10 accused, in which the petitioner are arraigned as Accused Nos.1 and 2. The petitioners are husband and wife and they were implicated on the complaint lodged by the second respondent in Crime No.17 of 2016 registered for the offences under Sections 417, 420, 120(b), 465, 467, 468, 471 and 109 of I.P.C alleging that the petitioners advertised that they have developed a layout in the name and style of 'Shifa Golden City' for the land comprised in Survey Nos.9 and 11 admeasuring 12.29 acres and 2.85 acres situated in Konganthanparai Village, Tirunelveli. One Annamalai had purchased a plot bearing No.E7 and he had given power of attorney to one Abdul Karim. The second respondent purchased the said plot by a re
The main legal point established in the judgment is that the court should not quash proceedings based on the validity of evidence at the Section 482 Cr.P.C stage, and the allegations in the complaint....
The court emphasized the limitations of exercising inherent jurisdiction under Section 482 Cr.P.C and highlighted that the High Court cannot delve into the disputed question of facts while considerin....
Civil disputes cannot be converted into criminal cases merely to pressure parties or harass them.
The central legal point established in the judgment is that the elements of forgery, cheating, and conspiracy must be clearly established to prosecute an individual under the Indian Penal Code.
The necessity of proving fraudulent intent and the act of making a false document under the relevant sections of the IPC to establish the offence of cheating and forgery.
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
The power to quash criminal proceedings should be exercised sparingly and only when the allegations do not disclose a prima facie case of a criminal offence.
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
