BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
Jayaraman @ Pattti Jayaraman – Appellant
Versus
State of Tamil Nadu, Rep. by the Sub Inspector of Police, Kallikudi Police Station, Madurai – Respondent
ORDER :
L. VICTORIA GOWRI, J.
Preface:
This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.541 of 2023 pending on the file of the learned Judicial Magistrate, Thirumangalam, insofar as the petitioner/A5 is concerned.
2. The petitioner stands arrayed as the fifth accused. The criminal law was set in motion on the complaint lodged by the second respondent/de-facto complainant, pursuant to which the first respondent police registered a case in Crime No.262 of 2013 for the offences under Sections 406, 420, 465, 468, 471 and 506(i) IPC. Upon completion of investigation, the final report came to be laid for the offences under Sections 120-B, 423, 465, 468, 471, 473, 406, 420 and 506(i) IPC.
3. The gravamen of the accusation is that accused Nos.1 to 4, acting in concert, induced several innocent persons by making a false promise that employment would be secured for them in the Railways Department, collected huge sums of money from them, fabricated appointment-related documents and, when the deceit surfaced, threatened the victims instead of returning the money. The petitioner, who is the father of the second accused, seeks quashment on the ground that no s
Inherent powers to quash proceedings not exercisable to evaluate defences or conduct mini-trial; if allegations prima facie disclose cheating and breach of trust, case proceeds to trial despite accus....
The central legal point established in the judgment is that the offense of cheating under Section 420 I.P.C. requires dishonest intention from the inception, and the lack of such intention and specif....
Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. Considering the allegations made in the c....
Point of law: Additional charge-sheet, the materials are collected with regard to changing of the vehicle number plate and an attempt made to screening of the evidence and invoked Section 201 of IPC ....
The court affirmed that prima facie evidence of a conspiracy and forgery necessitates proceeding with trial, emphasizing the narrow scope of quashing FIRs under Section 482.
A mere breach of contract does not constitute a criminal offense unless there is evidence of fraudulent intent from the inception of the agreement.
The main legal point established in the judgment is that at the stage of consideration of charge, an accused cannot rely on materials by way of defense, and the power under Section 482 of the Code of....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.