P.Sivabalan v. Tamilpandiyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Sivabalan ... Petitioner Vs.

1.Tamilpandiyan 2.Thennarasu 3.Pandurangan 4.Manikandan 5.Manivannan 6.Venkadapathi 7.Mokan 8.Namachivayam ... Respondents PRAYER : Criminal Revision filed under Section 397 r/w. 401 of the code of Criminal Procedure, to set aside the order dated 19.12.2023 passed in Crl.M.P.No.856 of 2023 by the learned District Munsif cum Judicial Magistrate, Vikravandi.

For Petitioner : Party-in-person

O R D E R

The Criminal Revision Case is filed against the order dated 19.12.2023 passed in Crl.M.P.No.856 of 2023 by the learned District Munsif cum Judicial Magistrate, Vikravandi.

2. The petitioner/party-in-person appeared before this Court and submits that he was a resident of Avadaiyarpattu, Vikravandi Taluk, Villupuram District and he made a complaint on 19.02.2021 stating that the respondents have set fire to his house, thereby, a sum of Rs.9,40,000/- and valuable household articles were damaged. The Fire officials and the Police came to the scene of occurrence and recorded the statement from the petitioner, however, no action was taken. Thereafter, the petitioner has made another complaint on 17.03.2021 and C.S.R was assigned, however, the same was closed as compromise was effected between the parties, but no such compromise was effected. Hence, he has filed a petition in Crl.M.P.No.856 of 2023 before the District Munsif cum Judicial Magistrate,

Vikravandi against the respondents, however, the trial Court has not considered all those aspects and dismissed the petition. Hence, the present petition has been filed.

3. Since no adverse order is going to be passed against the respondents, notice to the respondents is dispensed with.

4. A perusal of the records reveals that the petitioner and the respondents are close relatives and though the petitioner claims that the respondents set fire to his house, in the inquiry report submitted by the Police, it has been stated that the house of the petitioner was fired due to electrocution and the respondents have not set fire to his house and the first respondent's house was also damaged due to such electrocution. Thereby, the First Information Report was not registered on the complaint made by the petitioner. The trial Court has considered all these aspects and rightly dismissed the petition filed by the petitioner against the respondents, which does not require any interference by this Court. However, it is left open to

the petitioner to make appropriate application before the District Administration for claiming compensation under the relevant Scheme in the manner known to law.

5. Accordingly, the Criminal Revision Case is dismissed. 11.06.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No ssb To The District Munsif cum Judicial Magistrate, Vikravandi.

M.DHANDAPANI, J.

ssb 11.06.2024