Revision petition filed under Article 226 challenging the plaint in a civil suit as an abuse of process to stall criminal proceedings. The High Court held that pendency of civil suits does not bar criminal investigation and dismissed the petition.
The Civil Revision Petition was dismissed; no costs awarded 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.
CRP(MD).NO.46 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.02.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
CRP(MD).No.46 of 2023 and C.M.P(MD).No.252 of 2023
1.G.Rajini @ Rajiniammal 2.G.Venkatesan 3.G.Sundarraj ... Petitioners/Defendants
Vs.
G.Selvam ... Respondent/Plaintiff
PRAYER : Revision Petition filed under Article 227 of the Constitution of India, to set aside the impugned plaint in O.S.No.120 of 2022 dated 14.09.2022 on the file of the learned Principal District Munsif Court, Madurai.
For Petitioners : Mr.P.M.Vishnuvarthanan
ORDER
The defendants in O.S.No.120 of 2022 on the file of the
Principal District Munsif, Madurai, are the revision petitioners herein.
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CRP(MD).NO.46 of 2021
defendants or their men or agent should not demand money unless by due process of law. According to the defendants, the said suit was filed by the plaintiff only to stall the criminal proceedings, which has been initiated by way of filing of an FIR in Crime No.328 of 2022 pending on the file of the Inspector of Police, Mattuthavani Police Station, Madurai. Therefore, it is the contention of the learned counsel appearing for the petitioners/defendants that the filing of the civil suit is an abuse of process of Court to stall the criminal proceedings. Hence, he has prayed for striking off the plaint.
due process of law. A perusal of the FIR in Crime No.328 of 2022 indicates that the plaintiff has been arrayed as the sole accused for the alleged offence of Section 420 of IPC. It is settled position of law that the pendency of civil proceedings cannot be a bar for proceeding with the investigation in a criminal case. Therefore, the apprehension of the revision petitioners/defendants is unfounded. On the said ground the plaint cannot be rejected.
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CRP(MD).NO.46 of 2021
dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
15.02.2023
Index : Yes / No Internet : Yes / No Rmk
To
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CRP(MD).NO.46 of 2021
R.VIJAYAKUMAR ,J.,
Rmk
Order made in CRP(MD).No.46 of 2023
Dated: 15.02.2023
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2 issues framed by the court
Whether pendency of civil proceedings bars criminal investigation under Section 420 IPC.
Whether filing of a civil suit constitutes abuse of process of court to stall criminal proceedings.
G.Rajini @ Rajiniammal
G.Venkatesan
G.Sundarraj
G.Selvam
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
