Dismissed

Shahul Hameed v. Palpandi

Madras HC20 Apr 2022CRL RC(MD)/61/2021

Case brief

AI extract

What is this about?

The Madras High Court disposed of a criminal revision petition challenging an order dismissing a petition for direction under Section 156(3) Cr.P.C. The Court found no infirmity in the lower court's order and dismissed the revision, allowing the petitioner to file a private complaint.

What did the court decide?

The criminal revision petition filed under Section 397 r/w 401 Cr.P.C. is dismissed. The petitioner is at liberty to lodge a private complaint.

Shahul Hameed Vs Palpandi — Madras HC (2022) — LawSathi Research

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Crl.R.C.(MD)No.61 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022 CORAM:

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THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.61 of 2021

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Shahul Hameed

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... Revision Petitioner/ Complainant

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Vs.

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Palpandi 2. Shanmugavadivu

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Chellapandi

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Dinesh Kumar

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Nimilan ... Respondents/Accused 6. The Inspector of Police, Thallakullam Police Station, Madurai. ... Respondents

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Prayer: This Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C. to call for the records in Crl.M.P.No.2139 of 2020 on the file of the learned Judicial Magistrate No.II, Madurai and set aside the order in Crl.M.P.No.2139 of 2020, dated 24.09.2022 passed by the learned Judicial Magistrate No.II, Madurai.

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For Petitioner : Mr.A.Raja For R1 and R2 : Mr.P.Saravanan For R5 : Mr.Sakthi Kumar For R6 : Mrs.M.Aasha Government Advocate (Crl. Side)

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ORDER

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The criminal revision petition has been filed challenging the order passed in Crl.M.P.No.2139 of 2020 on the file of the learned Judicial Magistrate No.II, Madurai, thereby, dismissed the petition seeking direction under Section 156(3) of Cr.P.C.

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2.On perusal of the complaint lodged by the petitioner revealed that the petitioner had executed power of attorney in favour of the first respondent herein. On the strength of the power of attorney, the first respondent had executed sale deed in favour of one Nimilan/fifth respondent. Further alleged that the said power of attorney had been fabricated by the first respondent and executed sale deed. The petitioner had also filed a suit in O.S.No.600 of 2019 on the file of the Additional District Munsif Court, Madurai, for declaring the sale deed, dated 22.05.2019 as https://hcservices.ecourts.gov.in/hcservices/ null and void.

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Crl.R.C.(MD)No.61 of 2021

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3.Heard the learned Counsel appearing for the petitioner, the learned Counsel appearing for the respondents 1 and 2, the learned Counsel appearing for the fifth respondent and the learned Government Advocate (Crl.Side) appearing for the sixth respondent.

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4.Therefore, he Court below rightly dismissed the petition filed for direction under Section 156(3) of Cr.P.C. This Court finds no infirmity or illegality in the order passed by the Court below. The criminal revision petition is dismissed. However, the petitioner is at liberty to lodge a private complaint in the manner known to law, if so advised.

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Sd/-

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Assistant Registrar (CS-III)

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS)

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Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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The Judicial Magistrate No.II, Madurai.

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The Inspector of Police, Thallakullam Police Station, Madurai.

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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.A.VADIVEL, Advocate ( SR-20616[F] dated 22/04/2022 )

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USK/06.05.2022/2P/5C

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https://hcservices.ecourts.gov.in/hcservices/

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Shahul Hameed v. Palpandi

Case brief

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Shahul Hameed v. Palpandi

Case brief

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