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M. NIRMAL KUMAR
V. Pandi – Appellant
Versus
S. Duraisamy – Respondent
JUDGMENT :
M. NIRMAL KUMAR, J.
Prayer: Criminal Revision Petition filed under Sections 397 r/w. 401 of Criminal Procedure Code, to call for the records in C.C. No. 465 of 2010 n the file of the learned Judicial Magistrate No. II, Coimbatore and set aside the order in Crl. M.P. No. 24187 of 2021 dated 07.09.2022.
1. The petitioners/accused in C.C. No. 465 of 2010 facing trial for the offence under Sections 381, 408, 447 and 120(B) Cr.P.C. filed a discharge petition in Crl. M.P. No. 24187 of 2021 before the learned Judicial Magistrate No. II, Coimbatore. The Trial Court dismissed the same by order dated 07.09.2022. Against which, the present revision petition is filed.
2. The contention of the learned senior counsel for the petitioners is that an intra-party dispute in a labour union, given criminal colour and a false complaint filed by the respondent. He would submit that the Trial Court erred in appreciating the fact and failed to look into the fact that civil suit is pending between the parties. The Civil Court granted an order of injunction in favour of the petitioners in I.A. No. 136 of 2010 in O.S. No. 186 of 2010 on the date of the alleged incident. The case projected against the
The relevance of civil court findings in criminal proceedings and the principle of mis-describing an offence under Section 195 of the Cr.P.C.
The main legal point established in the judgment is that criminal proceedings can be quashed if they are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wrea....
A Magistrate under Section 227 Cr.P.C. must judicially evaluate materials to determine if 'grave suspicion' exists against each accused, rather than acting as a mere conduit for the prosecution, espe....
The court affirmed that the burden of proving an alibi lies with the accused during trial, and the discharge application must be evaluated based on available material.
The court established that the Registrar of Trade Unions cannot resolve internal disputes of a union and that aggrieved parties must seek civil court remedies.
(1) Revisional power cannot be exercised in a casual or mechanical manner.(2) Plea of alibi is a matter of trial.
Compounding of serious and non-compoundable offences would amount to misplaced sympathy and is not justified.
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