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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
K. Muthuvilaponnambalam – Appellant
Versus
State of Tamilnadu, Rep by. the Inspector of Police, Panayapatti Police Station – Respondent
| Table of Content |
|---|
| 1. scope of inherent jurisdiction to quash proceedings. (Para 1 , 2 , 19 , 20 , 21 , 45) |
| 2. ingredients of theft and the relevance of severance of property. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 3. distinction between civil disputes and criminal trespass. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 4. effect of procedural irregularities at the pre-registration stage. (Para 42 , 43 , 44) |
ORDER :
L.VICTORIA GOWRI, J.
Prologue:
1.The inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is a jurisdiction of great amplitude, but equally of great restraint. It is intended to secure the ends of justice and to prevent abuse of the process of any Court. However, such jurisdiction cannot be invoked to conduct a meticulous appreciation of disputed facts, to weigh the probative value of statements recorded during investigation, or to prematurely extinguish a prosecution where the materials disclose the basic ingredients of the alleged offences.
2. The present Criminal Original Petition raises the familiar but delicate question as to whether an allegation of cutting and removal of standing eucalyptus trees from agricultural land, in the backdro
Criminal proceedings involving allegations of criminal trespass and theft cannot be quashed merely due to the pendency of parallel civil disputes, provided the investigation materials prima facie dis....
Criminal proceedings arising from property disputes, where allegations are vague and omnibus, constitute an abuse of process of law and should be quashed when the essential ingredients of the alleged....
Inherent jurisdiction under Section 528 BNSS to quash proceedings must be exercised sparingly; omnibus allegations without specific overt acts against a peripheral accused who is a mere employee just....
Police protection for property possession denied absent executable decree; FIR alleging forcible entry and damage not quashed despite civil dispute background, as specific criminal acts require inves....
The main legal point established in the judgment is the requirement for allegations to constitute a cognizable offense and the application of the legal maxim 'Caveat Emptor' in property transactions.
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