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D. BHARATHA CHAKRAVARTHY
Raj Anand S/o Rajamani – Appellant
Versus
Inspector of Police, Thallakulam Police Station – Respondent
ORDER :
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the entire records relating to the impugned charge sheet in C.C. No. 223 of 2014 on the file of the learned Judicial Magistrate-II, Madurai and quash the same.
1. This criminal original petition is filed with the prayer to call for the records relating to the impugned charge sheet filed in C.C. No. 223 of 2014 on the file of the learned Judicial Magistrate No. II, Madurai and to quash the same.
2. The case of the prosecution is that the de-facto complainant is the sister of the 1st petitioner herein. It is the allegation of the de-facto complainant that these accused being her brothers, originally in the year 2000, after the death of her father, got lease deed in respect of the father’s properties by promising to pay cash in respect of her share. Believing them, she also executed the release deed. However, only 12 years later, she came to know that immediately after the death of the father, an application was filed before the Commercial Tax Officer to change the commercial tax account in the name of the brothers alone by suppressing the fact that she is also one of the legal heirs.
3. On the stren
Criminal proceedings cannot be used as a tool of harassment when civil remedies exist and have been adjudicated upon.
The main legal point established in the judgment is the court's discretion to frame charges based on prima facie evidence, even in cases involving civil disputes and criminal prosecution.
The main legal point established in the judgment is that the initiation of the prosecution was an abuse of process of law, as the allegations did not establish an offense and had been rejected in pre....
The central legal point established in the judgment is that the offense of cheating under Section 420 I.P.C. requires dishonest intention from the inception, and the lack of such intention and specif....
The central legal point established in the judgment is the interpretation of conflicting Wills and their implications on property rights, along with the application of relevant provisions of the Code....
Criminal proceedings cannot be initiated for civil disputes, and jurisdiction under Section 482 CrPC should be exercised to prevent abuse of the court process.
(1) Revisional power cannot be exercised in a casual or mechanical manner.(2) Plea of alibi is a matter of trial.
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