E.Palani, S/O.Late.Elumalai, v. D.Baskar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2018

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.276 of 2018 and Crl.M.P.No.3136 of 2018 E.Palani

...Petitioner/Petitioner

..Vs..

1.D.Baskar 2.Karthick

3. The Inspector of Police, H4, Korrukupet Police Station, Chennai (R3 is suo moto impleaded as per the order of the Hon'ble Court dated 12.03.2018 made in Crl.R.C.No.276 of 2018)

...Respondents/Accused

PRAYER: Petition filed under Section 397 read with 401 of the Criminal Procedure Code, to set aside the order dated 28.12.2016 made in M.P.No.3774 of 2015 on the file of the learned XV Metropolitan Magistrate George Town, Chennai by allowing the revision petition.

*** For Petitioner : Mr.M.Saravana Kumar For R1 &R2 : Mr.R.Ravindran For R3 : Mr.R.Surya Prakash, Govt.Advocate (Crl.side)

O R D E R

The learned counsel for the petitioner has submitted that the trial Court erred in not taking the private complaint filed against the cognizable offence and the accused persons have committed the offences U/s.447,294(b) and 506 (ii) of I.P.C r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

2. In support of the private complaint, the complainant has examined himself as first witness and his wife was examined as second witness, while, his daughter and son were examined as witnesses 3 and 4. After going through the evidence of the witnesses, the trial Court has come to the conclusion that the complaint is of civil in nature and accordingly, rejected the https://hcservices.ecourts.gov.in/hcservices/

complaint. Aggreiving by the said order, the complainant preferred this criminal revision.

3. After going through the records as well as evidence of the 4 witnesses deposed before the Court below and also taking note of the fact that R.C.O.P.No.1244 of 2013 which now appears to have been ordered and eviction has been ordered for willful default in payment of arrears of rent and subsequently, it appears that the possession has also taken by the landlord, the contesting private respondent herein. After going through the orders passed by the Court below and considering the submissions made by the learned counsel for the petitioner, I do not find any illegality or irregularity in the order passed in the lower court.

4. Accordingly, this Criminal Revision Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar nvi To The XV Metropolitan Magistrate George Town, Chennai +1 cc to Mr.M.Saravana kumar Advocate sr 27014 Crl.R.C.No.276 of 2018 and Crl.M.P.No.3136 of 2018 vgII(co) aa23/04/2018 https://hcservices.ecourts.gov.in/hcservices/