High Court dismissed Civil Revision Petition challenging order for initiating criminal proceedings under Section 340 CrPC during pendency of civil suit. Held such interference premature as issues including document fabrication remain for trial court adjudication.
Civil Revision Petition dismissed; no costs; connected Miscellaneous Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.R.P.No. 820 of 2021 and C.M.P.No.6844 of 2021
Velu @ Velmurugan ... Petitioner
Vs.
S.Abdul Kapoor ... Respondent
Prayer:
Civil Revision Petition is filed under Article 227 of the
Civil Procedure Code, to set aside the fair and decretal order
dated 07.01.2020 in I.A. No.1 of 2019 in O.S.No.2340 of 2017
on the file of XIII Assistant City Civil Court, Chennai.
For Petitioner : Mr.R.Subburaj
For Respondent : No Appearance
ORDER
The defendant in O.S.No.2340 of 2017 had filed an
I.A.No.1 of 2019 under Section 340 of the Code of Criminal
Procedure r/w Section 151 of CPC to take criminal action
against the respondent/plaintiff.
not. Thereafter, the Court can proceed in accordance with law.
+1cc to Mr.R.Subburaj, Advocate SR.No.23234
C.R.P.No. 820 of 2021 and C.M.P.No.6844 of 2021
LN(CO) GMY(02/07/2021)
1 issue framed by the court
Whether an application under Section 340 CrPC is maintainable when the civil suit on which it is based is still pending.
2 provisions across 2 enactments
Velu @ Velmurugan
S. Abdul Kapoor
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
