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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
S.Sankar – Appellant
Versus
D.Ashok Kannan – Respondent
COMMON ORDER
These Criminal Revisions are directed against the common order passed in Crl.M.P.Nos.8882, 8883 and 8884 of 2024 dated 24.05.2024 on the file of the Court of the Judicial Magistrate No.III, Tirunelveli, dismissing the petitions filed under Section 156 (3) of the Code of Criminal Procedure.
2. The case of the petitioner is that the petitioner is the Manager of Nangooram Namma Veedu complex and he has filed the above petitions with the authorization given by the owner of the property one Rajasekar, that the said Rajasekar developed Nangooram Namma Veedu scheme along with entertainment facilities in the buildings, by name, Kondattam in the plot Nos.34, 35, 36, 53, 54 and 56, that the said Rajasekar has approached the Real Estate Regulatory Authority (RERA) Court with regard to the residents' committee, in which, one Ashok Kannan is the Secretary of that committee and the Real Estate Regulatory Authority (RERA) Court has given a finding that the property belongs to the said Rajasekar and inspite of the said order, the said Ashok Kannan being the Secretary, in order to secure the plot in an unlawful manner, opened the lock by using some other key to the kitchen available in t
The court affirmed that civil disputes cannot be converted into criminal cases for quicker relief, emphasizing the need for careful judicial discretion under Section 156(3) Cr.P.C.
The court affirmed that a Magistrate has discretion under Section 156(3) Cr.P.C. to determine if a complaint discloses a cognizable offence, and dismissal of such petitions is valid if the dispute is....
Courts discourage converting civil disputes into criminal cases, emphasizing compliance with legal procedures before invoking criminal jurisdiction.
The court affirmed that criminal proceedings should not be used to resolve civil disputes, emphasizing the discretion of the Magistrate under Section 156(3) Cr.P.C. to dismiss petitions lacking merit....
The court has inherent power under Section 482 of the Criminal Procedure Code to quash criminal proceedings that amount to an abuse of the process of the court or are otherwise necessary to secure th....
The court ruled that a Magistrate can dismiss a petition under Section 156(3) Cr.P.C. if the dispute is civil in nature, emphasizing that civil matters should not be pursued through criminal channels....
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