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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI
J. Arul, S/o. P. Jothi – Appellant
Versus
State of Tamilnadu, Rep.By Its The Inspector of Police, Team-27, Central Crime Branch – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal of discharge petition (Para 1 , 2 , 3) |
| 2. dispute over property rights and allegations of forgery (Para 4 , 5 , 6) |
| 3. pending partition suits prevent encumbrance over property (Para 7) |
Order :
T.V.THAMILSELVI, J.
Challenging the impugned order passed by the Judicial Magistrate No.1, Poonamallee in Crl.M.P.No. 2446 of 2023, dated 22.11.2023, the petitioners/accused 1 to 3 have preferred this Criminal Revision Petition.
2. Before the trial court, the petitioners have filed a petition under Sec.239 of Cr.P.C. praying to discharge them from the charges under Sec.465, 467, 468, 471 r/w Sec.109 and 34 of I.P.C. in Crime No.09 of 2020. The said petition was dismissed by the trial court stating that as per the final report, there is prima facie materials available to prosecute the petitioners/accused 1 to 3 and hence, the trial court is inclined to discharge them from charges levelled against them. Aggrieved over the said findings, the petitioners have preferred this Criminal Revision Case.
3. Brief facts of the case is as follows :-
The defacto complainant is the father of the 1st petitioner, who gave a complaint stating that the 1st petitioner without an
Pending resolution of civil partition suit, criminal proceedings regarding property disputes are unnecessary, with the court prohibiting encumbrance creation based on settlement deeds.
The obligation to discharge the accused under Section 239 Cr.P.C. arises when the Magistrate considers the charge against the accused to be groundless, and where material on record discloses offence,....
Criminal proceedings cannot pursue allegations of forgery if the accused were not the makers of the documents, emphasizing the distinction between civil and criminal disputes.
The judgment established that a complaint related to the validity of a Settlement Deed did not constitute forgery as defined under Section 464 of the Indian Penal Code.
The validity of documents, probative value, and admissibility of documents cannot be examined at the stage of framing charges and can be addressed during trial. The defense taken by the accused canno....
At the discharge stage, the court must assume the prosecution's materials are true and evaluate if they disclose all elements of the alleged offence.
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