Quashed

Thanigai Arasu v. the Sub Inspector of Police

Madras HC19 Nov 2019CRL OP/31119/2019

Case brief

AI extract

What is this about?

The Single Judge enhanced a Criminal Complaint filed by the 1st Respondent on civil facts to Section 156(3) CrPC without police report. The court granted an interim stay on the criminal proceedings and issued notice to the respondent to appear on 22.01.2020.

What did the court decide?

Private complaint quashed under Section 156(1) CrPC and interim stay granted on proceedings.

Thanigai Arasu Vs the Sub Inspector of Police — Civil Procedure and Limitation | Madras HC (2019)

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Crl.O.P.No.31119 of 2019

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Crl.O.P.No.31119 of 2019 and Crl.M.P.Nos.17650 and 17651 of 2019

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P.RAJAMANICKAM.J.,

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The learned counsel for the petitioner submitted that the petitioner is

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the power agent of A3 and the said A3 is the land owner. He further submitted that A1 is the builder and A4 is a LIC agent.

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He further submitted that already on behalf of the land owner (A3 ), the

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petitioner herein had filed a suit in O.S.No.468 of 22016 on the file of the Additional Munsif, Alandur against the 1^st respondent herein and two others for the relief of permanent injunction and the said suit is still pending. He further submitted that in the said suit, the 1^st respondent herein after the receipt of the summons has filed an application under Section 8 of the Arbitration and conciliation Act, 1996 in I.A.No.786 of 2018 to dismiss the suit. That petition is still pending.

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He further submitted that suppressing all these facts, the 1^st respondent has lodged a private complaint before the Judicial Magistrate, Alandur requesting the said Magistrate to send a complaint to the Inspector of Police Madippakkam for investigation under Section 156 (3) Cr.P.C., But the learned Judicial Magistrate has taken the case on file in C.C.No.535 of 2018 without

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http://www.judis.nic.in

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Crl.O.P.No.31119 of 2019

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P.RAJAMANICKAM, J.

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vum

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getting any report from the Police or conducting any enquiry under Section 202 Cr.P.C. He further submitted that since the above matter is civil in nature,

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permitting the prosecution is abuse of process of law.

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4 . Considering the aforesaid submissions, issue notice to the respondent

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returnable by 22.01.2020. Private notice is also permitted.

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Call this matter on 22.01.2020.

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Till then, the personal appearance of the petitioner before the trial

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Court is dispensed with and the interim stay is also granted.

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05.12.2019

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vum

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Crl.O.P.No.31119 of 2019 and Crl.M.P.Nos.17650 and 17651 of 2019

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http://www.judis.nic.in

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Thanigai Arasu v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Thanigai Arasu v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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