Ramasamy Gounder v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Ramasamy Gounder ... Petitioner Vs.

1. The Inspector of Police, Kambainallur Police Station, Kambainallur, Dharmapuri District.

2. Rajadurai

3. Madhan ... Respondents PRAYER: Criminal Revision has been filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records in Crl.M.P.No.2386 of 2024 dated 04.11.2024 on the file of the learned District Munsif cum Judicial Magistrate, Karimangalam and set aside the same. For Petitioner :

Mr.M.Ravi For Respondents For R1 :

Mr.A.Gopinath Government Advocate (Crl. Side) For R2 & R3 :

Mr.J.Bharathiraja

ORDER

This Criminal Revision has been preferred challenging the order dated 04.11.2024 passed by the learned District Munsif cum Judicial Magistrate, Karimangalam, in Crl.M.P.No.2386 of 2024, thereby dismissing the petition filed by the petitioner, under Section 175(3) of BNSS. 2.

The petitioner lodged complaint before the first respondent as against the respondents 2 & 3 for the offence punishable under Sections 318(1), 318(2), 318(3), 318(4) of BNS. Since the same was not registered, the petitioner filed petition under Section 175(3) of BNSS to direct the first respondent to register an FIR as against the respondents 2 & 3. However, the trial Court dismissed the said petition and aggrieved by the same the present revision case.

3.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4.

On perusal of the complaint lodged by the petitioner, it is revealed that the petitioner lodged complaint alleging that 33 cents of land sought for from the second respondent herein and out of the 33 cents, he failed to

reconvey 10 cents of land to the petitioner and sold out in favour of another person. All the allegations are civil in nature and no prima facie case is made out to constitute any of the offence to register the FIR. Therefore, the trial Court rightly dismissed the petition and this Court finds no infirmity or illegality in the order passed by the trial Court. 5.

Accordingly, the Criminal Revision Case stands dismissed. 29.07.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order rts To

1. The District Munsif cum Judicial Magistrate, Karimangalam.

2. The Inspector of Police, Kambainallur Police Station, Kambainallur, Dharmapuri District.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN. J, rts 29.07.2025