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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
Saravanaperumal – Appellant
Versus
State of Tamilnadu, Rep by the Inspector of Police – Respondent
ORDER :
L.VICTORIA GOWRI, J.
Preface:
The inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is undoubtedly a constitutional safety-valve preserved by statute to secure the ends of justice and to prevent abuse of the process of any Court. Yet, such power is not intended to conduct a mini-trial, sift disputed facts, weigh competing versions, or decide the ultimate innocence or guilt of an accused.
2. The present petition presents a familiar but legally delicate contention. The petitioner asserts that in one case he is the defacto complainant and victim, while in another case arising out of the same transaction he has been shown as an accused. The prosecution, on the other hand, contends that though the two cases may have a factual connection, they are not legally identical transactions, and that the petitioner’s liability towards the persons from whom he directly collected money cannot be extinguished merely because he claims to have been cheated by another person further down the chain.
3. It is in this backdrop that this Court is called upon to decide whether the proceedings in C.C.No.32 of 2019 deserve to be interdicted at the thresh
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 Court held that the inherent power of the High Court under Section 482 CrPC can be exercised to quash a criminal proceeding if it is found that the proceeding is an abuse of the process of the Co....
The necessity of proving fraudulent or dishonest intention for the offences of criminal breach of trust and cheating, and the distinction between civil and criminal disputes.
Absence of 'entrustment' negates prosecution for Section 406 IPC, while sufficient allegations of deception necessitate continuation of Section 420 IPC charges.
Inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and allegations must disclose a cognizable offence for proceedings to continue.
Point of law : In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the off....
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