Mr.T.Jose, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.6800 of 2018 T.Jose .. Petitioner Vs 1.The Inspector of Police, S-12 Chittlapakkam Police Station, Chennai-64.

2.The Commissioner of Police, Vepery, Chennai.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to set aside Crl.M.P.No.7849 of 2017 order passed by the learned Judicial Magistrate at Tambaram and give direction to the 1st respondent police to register the FIR against the offenders based on the complaint dated 29.03.2017 and investigate the same.

For Petitioner : Mr.S.Gopalakrishnan For Respondents : Mrs.M.Prabhavathi, APP

O R D E R

It is the case of the petitioner that he purchased the property in question on 22.03.2012 from one Arjundas for valuable consideration. That one Sundarammal and others disturbed his possession and therefore, he filed O.S.No.852 of 2015 before the District Munsif, Alandur and has obtained an order of status quo. While so, it is alleged by the petitioner that one Ravichandran put up a board in the said property, as if the said property belongs to him. The petitioner gave a police complaint and since no action was taken, the petitioner has filed C.M.P.No.7849 of 2017 before the Judicial Magistrate, Tambaram under Section 156[3] Cr.P.C., which has been dismissed by the learned Magistrate on 29.11.2017, challenging which the petitioner is before this Court.

2.Heard the learned counsel for the petitioner, who submitted that the Magistrate ought to have sent his complaint to the Police for investigation.

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3.In the opinion of this Court, after the judgment of the Supreme Court in Priyanka Srivastava and Another Vs State of U.P. and Others [(2015)6 SCC 287], any petition under Section 156[3] Cr.P.C. cannot be automatically sent to the Police for registration of FIR.

4.The Magistrate has given a finding that the dispute essentially appears to be civil in nature and therefore, he has refused to exercise his jurisdiction under Section 156[3] Cr.P.C. This Court does not find any infirmity in the order passed by the learned Magistrate warranting interference. In the result, the petition is devoid of merits and dismissed.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar gya To

1. The Judicial Magistrate, Tambaram.

2.The Inspector of Police, S-12 Chittlapakkam Police Station, Chennai-64.

3.The Commissioner of Police, Vepery, Chennai.

4 The Public Prosecutor High Court, Madras 104.

+2 Ccs to Mr.R. Dhanasekar, Advocate sr 55181, 55722. +1 CC to Mr. Gopalakrishnan, Advocate sr 55583. CRL.O.P.No.6800 of 2018 GJII(CO) SP(07/09/2018) https://hcservices.ecourts.gov.in/hcservices/