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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B.PUGALENDHI
R.Somasundaram – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. petitioner's complaint regarding preliminary enquiry. (Para 1 , 2 , 3) |
| 2. scope of preliminary enquiry established in case law. (Para 4 , 5 , 6 , 7 , 8) |
| 3. bnss introduces statutory provisions for preliminary enquiries. (Para 9 , 10 , 11 , 12) |
| 4. limitations of preliminary enquiry under previous and current laws. (Para 13 , 14 , 15 , 16) |
| 5. summoning during preliminary enquiry is legally unsound. (Para 17 , 18 , 19 , 20 , 21 , 23) |
| 6. directions for compliance with law in the case. (Para 24 , 25) |
ORDER
The petitioner has approached this Court by filing the present petition seeking a direction to the first respondent to consider his representation dated 23.05.2025, wherein he had requested the conduct of a preliminary enquiry on his complaint and to take appropriate action in accordance with law.
2.The petitioner is a mason by occupation. He had purchased a residential plot from one L.Karuppiah under Document No.1877/2010 dated 30.06.2009 on the file of the Sub-Registrar, Thallakulam. In the year 2012, the petitioner had borrowed a sum of Rs.3,00,000/- from one N.Arumugam. As collateral security for the said loan, the petitioner executed a mortgage deed in Document No.1780
Preliminary inquiries are not mandated under the CrPC but can occur under Section 173(3) of the BNSS with specific guidelines, emphasizing the necessity of FIR registration if a cognizable offence is....
Summons under Section 179 BNSS cannot be issued during preliminary enquiry without FIR registration, as power exercisable only during investigation commencing post-FIR.
The discretion of the magistrate to order a preliminary inquiry and the illustrative nature of the categories mentioned in the Lalita Kumari case.
Point of Law : Criminal Conspiracy - Quash of FIR - When investigation is underway any attempt to sieve through material with fine gauze to ascertain existence or otherwise of ingredients of offences....
The main legal point established in the judgment is the distinction between Section 160 Cr.P.C. and Section 41-A Cr.P.C. in summoning witnesses and conducting preliminary inquiries, emphasizing the b....
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