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K. MURALI SHANKAR
K. Packiaraman – Appellant
Versus
Inspector of Police, Madurai – Respondent
JUDGMENT
(Prayer: Criminal Original Petition has been filed under Section 482 Cr.P.C, to call for the records pertaining to the Charge Sheet in C.C.No.25 of 2019, on the file of the Special Court for Exclusive Trial of Land Grabbing Cases, Madurai and quash the same.)
1. This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the case in C.C.No.25 of 2019, pending on the file of the Special Court for Exclusive trial of Land Grabbing cases, Madurai and quash the same.
2. The petitioner is the fifth accused in C.C.No.25 of 2019, on the file of the Special Court for Exclusive trial of Land Grabbing cases, Madurai. On the basis of the complaint lodged by the second respondent, F.I.R. came to be registered in Cr.No.55 of 2017 on 23.06.2017 against eight persons for the alleged offences under Sections 406, 419, 420, 471 and 120(b) I.P.C. The first respondent, after completing the investigation, has laid the final report under Section 173 Cr.P.C., dated 27.11.2017 against five persons including the petitioner for the alleged offences under Sections 120(b), 419, 465, 467, 468, 406 and 420 I.P.C., and the case was taken
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....
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 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 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....
The need for prima facie evidence to proceed against the accused and the limited scope of the court's jurisdiction under Section 482 Cr.P.C.
Civil disputes cannot be converted into criminal cases merely to pressure parties or harass them.
The execution of sale deeds by a power agent, including to oneself, based on a power of attorney, does not constitute cheating under Sections 406 and 420 of IPC.
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