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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
P. Praveen Kumar – Appellant
Versus
State, Represented by The Inspector of Police, B-1, North Beach Police Station, Chennai – Respondent
| Table of Content |
|---|
| 1. challenge to criminal proceedings. (Para 1 , 2 , 4) |
| 2. arguments regarding locus standi. (Para 5) |
| 3. prosecution's case and materials for charges. (Para 6 , 7) |
| 4. supreme court precedents on quashing procedures. (Para 8 , 9 , 10) |
| 5. consideration of malicious prosecution. (Para 11) |
| 6. dismissal of petition and trial directive. (Para 12 , 13) |
ORDER :
This petition has been filed challenging the entire proceedings in C.C.No.1087 of 2021 pending on the file of the learned VII Metropolitan Magistrate, George Town, Chennai.
2. On the complaint lodged by the second respondent, the first respondent has registered the FIR in Cr.No.1860 of 2020 for the offences punishable under Sections 294(b), 461, 468, 471, 474, 477(A) r/w 420 of IPC as against two accused persons.
3(i). The defacto complainant is the father-in-law of the petitioner's brother. Now, his daughter and his son-in-law are settled in London. His daughter has started a company called '' Universal Security Services '' in the year 2016. Thereafter, she could not able to continue the business, since she is settled in London. The second respondent being the father, he was permitted to look after the entire business. The pe
High Courts cannot assess witness credibility or resolve factual issues in criminal proceedings at the quashing stage; such evaluations are reserved for trial courts.
High Courts cannot quash criminal proceedings based on witness statements or inconsistencies; such assessments are reserved for trial courts.
Merely because some of persons who might have committed offences are not charge-sheeted, cannot be a ground to quash proceedings against accused charge-sheeted after having found prima facie case aga....
High Courts cannot interfere at the stage of quashing proceedings under Section 482 when the allegations support the offences described.
The court ruled that allegations of forgery and creation of false documents do not constitute merely a civil dispute, warranting the continuation of criminal proceedings.
At the stage of discharge and/or quashing of criminal proceedings, while exercising powers under Section 482 Cr.P.C., Court is not required to conduct mini trial – Charges are required to be proved d....
The court ruled that civil disputes cannot be disguised as criminal offences, and allegations of conspiracy and forgery necessitate a full trial.
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