The High Court dismissed a criminal petition seeking quashment of proceedings concerning alleged cheating and property sale to a buyer who was aware of prior land acquisition by the National Highways Department.
Criminal Original Petition dismissed; directions given to the Judicial Magistrate to dispose of the case expeditiously.
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.
Crl.O.P..No.9005 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.9005 of 2023 and
Crl.M.P.Nos.5794 & 5795 of 2023
Kamesh ....Petitioner
Vs.
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and quash the impugned final report in C.C.No.386 of 2022 pending on the file of the Judicial Magistrate Court No.II at Poonamallee.
For Petitioner : Mr.M.Mohamed Saifulla For R1 : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
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Crl.O.P..No.9005 of 2023
ORDER
This Criminal Original Petition has been filed to call for the records and
quash the impugned final report in C.C.No.386 of 2022 pending on the file of the Judicial Magistrate Court No.II at Poonamallee.
Crl.O.P..No.9005 of 2023
charge against the petitioner is that, petitioner had suppressed the acquisition of the land by the National Highways Department in S.No.133/3A4 and sold an extent of 862 sq.ft acquired by the National Highways Department to the 2nd respondent. It is claimed that, petitioner had received compensation for the extent of the 862 sq.ft. By suppressing these facts, petitioner sold the property to the 2nd respondent.
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Crl.O.P..No.9005 of 2023
examined. Therefore, this Court finds that, there is no merits in seeking
quashment of the the proceedings in C.C.No.386 of 2022.
learned Judicial Magistrate No.II, Poonamalle is directed to dispose the case as expeditiously as possible, preferably within a period of three months from
the date of receipt of copy of the order. Consequently, connected miscellaneous petitions are closed.
28.06.2023
Internet:Yes Index:Yes/No Sma
To:
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Crl.O.P..No.9005 of 2023
1. Sessions Judge, Udhagamandalam
2. The Inspector of Police, Vellavedu Police Station, Thiruvallur District.
3. The Public Prosecutor Madras High Court.
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Crl.O.P..No.9005 of 2023
G.CHANDRASEKHARAN, J.
sma
Crl.O.P. No.9005 of 2023
28.06.2023
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2 issues framed by the court
Whether the High Court was justified in refusing to quash criminal proceedings against the petitioner for selling land acquired by the National Highways Department.
Whether the petitioner suppressed acquisition facts and received compensation while selling the encroached portion.
1 provisions across 1 enactments
Kamesh
The Inspector of Police, Vellavedu Police Station, Thiruvallur District
Susai Raj
G. Chandraskharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
