Quashes Criminal Proceedings in Land Fraud Case. Court Rules in Favor of Appellants, Citing Abuse of Process and Benami Transactions Act


Summary of Judgement

Criminal Law, Fraudulent Land Deals, Abuse of Process, Benami Transactions

Criminal Proceedings, Fraudulent Inducement, Breach of Trust, Civil Remedies, Legal Abuse, Benami Transactions, Quashing of Proceedings

  1. Introduction: Overview of the appeal filed against the judgment dated April 23, 2018, by a Single Judge of the Madras High Court, Madurai Bench.

  2. Brief Facts: The events leading to the filing of the appeal.

  3. Allegations by the Complainant: Detailed allegations made by the complainant against the accused, including inducement, fraudulent land deals, and breach of trust.

  4. Land Deals and Investments: Description of the land transactions and investments made by the complainant and the accused parties.

  5. Conspiracy and Breach of Trust: Allegations of conspiracy and breach of trust by the accused, leading to financial losses for the complainant.

  6. Attempts to Seek Legal Recourse: Efforts made by the complainant to seek legal action against the accused, including filing complaints and approaching the Madras High Court.

  7. Police Investigation and Charge Sheet: Details of the police investigation and the subsequent filing of a charge sheet against the accused.

  8. Civil Suit and Parallel Proceedings: Mention of the civil suit filed by the complainant against the accused, highlighting parallel legal proceedings.

  9. Dismissal of Petition by Single Judge: Outcome of the petition filed by the accused before the Madras High Court, Madurai Bench, resulting in its dismissal.

  10. Grounds for Appeal: Likely grounds on which the appeal by special leave is based, challenging the judgment of the Single Judge.

Case Title: C. Subbiah @ Kadambur Jayaraj And Others vs Superintendent Of Police And Others

Citation: 2024 LawText (SC) (5) 159

Case Number: Criminal Appeal No(S). 2582 Of 2024

Advocate(s): Dama Seshadri Naidu, Pai Amit, Pankhuri Bhardwaj, Abhiyudaya Vats, Tushar Bakshi, Sabarish Subramanian, C. Kranthi Kumar, Vishnu Unnikrishnan, Naman Dwivedi, Sarathraj B, Danish Saifi, M.P. Parthiban, Priyaranjani Nagamuthu, Shalini Mishra, R. Sudhakaran, Bilal Mansoor, Shreyas Kaushal, Amod Bidhuri, P.V.K. Deivendran

Date of Decision: 2024-05-15