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V. SIVAGNANAM
V. K. Venkatachalam – Appellant
Versus
Vijayamoorthy – Respondent
JUDGMENT
(Prayer: Criminal Revision Case has been filed under Sections 397 r/w 401 of Code of Criminal Procedure to set aside the Crl.M.P.No.6102 of 2022 by the Judicial Magistrate Court No.1, Gobichettipalayam, Erode District dated 25.11.2022 in connection with the petitioner complaint dated 08.09.2022 on the file of the Sub Inspector of Police, Gobi Police Station, Gobichettipalayam and direct the 3rd respondent to register a complaint against the respondents.)
1. Challenging the impugned order dated 25.11.2022 passed in Crl.M.P.No.6102 of 2022 by the Judicial Magistrate Court No.1, Gobichettipalayam, Erode District, the present criminal revision case has been filed.
2. The fact of the case is that the petitioner filed a petition in Crl.M.P.No.6102 of 2022 under Section 156(3) Cr.P.C. for filing FIR and to file final report before the learned Judicial Magistrate No.I, Gobichettipalayam, Erode District. In the complaint, it is alleged that his father V.P.Kaliappan got property in g[/V/6/58. f/r/be/192-5. 192-8. 193-1. 193-2 in Modachoor Village, Gobi Taluk, by way of the settlement deed vide document No.1512 of 1973 and by way of sale deed vide document No.399 of 1980. With regard to
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....
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.
Pending resolution of civil partition suit, criminal proceedings regarding property disputes are unnecessary, with the court prohibiting encumbrance creation based on settlement deeds.
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 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 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.
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