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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
Ramesh Ramanathan – Appellant
Versus
Deputy Superindent of Police, Kodaikanal Police Station, Dindigul – Respondent
| Table of Content |
|---|
| 1. nature and scope of inherent jurisdiction to quash criminal proceedings. (Para 1 , 2 , 3 , 4) |
| 2. factual background and grounds for challenging the fir. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. opposing contentions regarding civil dispute vs. criminal culpability. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. analysis of legal ingredients and the requirement of prima facie case. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58) |
| 5. final order of quashing the fir. (Para 59 , 60) |
ORDER :
L. VICTORIA GOWRI, J.
Preface:
1.The inherent jurisdiction of this Court, though extraordinary in its amplitude, is not unbridled in its exercise. It is invoked not to conduct a miniature trial, nor to supplant the statutory process of investigation, but to prevent abuse of the process of law and to secure the ends of justice.
2. Cases arising out of bitter civil disputes often assume a criminal complexion. Equally, criminal law cannot be stifled merely because the backdrop includes a civil contest. The Court must, therefore, carefully examine
Criminal proceedings arising from a genuine civil property dispute, which lack the essential statutory ingredients for the alleged penal offences and are invoked merely to exert pressure, are liable ....
The main legal principle established is that allowing a purely civil dispute to be treated as a criminal offence under the SC/ST Act would constitute an abuse of process of law.
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
The inherent jurisdiction under Section 528 BNSS prevents criminal prosecution from being used as a tool in a civil dispute, especially in cases lacking substantial criminal evidence.
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....
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