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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs.Justice T.V.Thamilselvi, J
J. Jebarani – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
1. The petitioner had filed this Criminal Original Petition praying to quash the proceedings in C.C. No. 4300 of 2021 on the file of XI Metropolitan Magistrate, Egmore, Chennai in so far as this petitioner concerned against the respondents 1 and 2.
2. Heard both sides.
3. The 1st respondent is Inspector of Police, Central Crime Branch, Chennai. The 2nd respondent is the alleged wife of defacto complainant Johnraj. The learned counsel for petitioner would submit that she was a retired Deputy General Manager of Aavin. At the time of superannuation in the year of 2020, she was falsely implicated as accused in this case as if she along with other accused created forged document with the intention to grab the property belongs to original defacto complainant Johnraj. Based upon the complaint given by Johnraj/her maternal uncle, the case was registered against herself and 3 others under Sec. 406, 420, 466, 468 and 471 r/w 34 I.P.C. She had already filed a petition to quash the F.I.R. in Crl. O.P. No. 202024 of 2019 and during the pendency of the petition, final report was filed. Therefore, that petition was dismissed.
4. After filing the final report, again she approached this court t
Criminal proceedings based on civil disputes regarding property ownership and validity of a will constitute an abuse of process, as such matters fall under civil jurisdiction.
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....
Revocation of Letters of Administration under Section 263 of the Indian Succession Act is justified if obtained through misrepresentation and failure to implead all legal heirs.
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 principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
The main legal point established in the judgment is that the court must consider the existence of grounds for charges against the accused before framing charges, and the lack of prima facie evidence ....
The duty of parties to come forward with a true case and true evidence, and the significance of prompt action in seeking probate of a Will.
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