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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.DHANABAL, J
Senthil Rajkumar – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
1. This Criminal Original Petition has been filed to quash the First Information Report in Crime No.10 of 2024 on the file of the first respondent police.
2. The learned counsel appearing for the petitioner would submit that the second respondent lodged a false complaint against the petitioner and others before the first respondent and a case has been registered in Crime No.10 of 2024 for the offences under Sections 120(b), 420, 465, 468, 471, 294(b) and 506(2) of IPC and this petitioner was arrayed as sixth accused in this case. Infact this petitioner was arrayed as an accused on the ground that he registered the document while he was acting as a Sub Registrar in the concerned Registrar Officer. As per the case of prosecution the properties in S.No. 2/1, 1/5, 1/6, 6/1, 2/2, 6/2, 6/3, 7/2, 1/1, 1/2A,1/2B,1/3,1/4,3/2,7/1 at Ammapatti Village , Sattur Taluk, Virudhunagar District to an extent of 27 acres and 70 cents belongs to M/s. IVR Prime Developers (Arakku) Pvt Ltd, Hyderabad, Andhra Pradesh. Two properties were purchased through power agent of the company namely N.S.Mani on various dates. The defacto complainant decided to purchase the property @ Rs.3,10,000/- per acre an
A Sub Registrar cannot be held liable for offences related to property registration without specific allegations in the FIR, as per the provisions of the Registration Act.
Quash of Criminal proceedings – Dismissed - Power under Section 482 Cr.P.C. is to be used sparingly and with circumspection
A public servant cannot be prosecuted without specific allegations of wrongdoing; general claims of conspiracy without evidence do not sustain criminal charges.
The absence of grounds in a Magistrate's order to proceed against accused constitutes an abuse of process and warrants quashing the proceedings.
A public servant who enters into a criminal conspiracy with other accused to register documents causing wrongful loss to persons and thereby wrongful gain to the co-conspirators is not entitled to th....
A court may not quash criminal proceedings merely based on accusations of falsehood; evidence establishing a prima facie case necessitates trial to ascertain involvement.
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