Murugan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Murugan ... Petitioner Vs.

1. The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai.

2. Soundaraj

3. Palani

4. Indra

5. Ragu (R2 to R5 are impleaded as per order dated 19.09.2023 in Crl.M.P.No.14757 of 2023 in Crl.R.C.No.852 of 2023) ... Respondents PRAYER: Criminal Revision has been filed under Sections 397 r/w. 401 of Cr.P.C., praying to call for the records in Cr.M.P.No.4109 of 2022 dated 19.12.2022, on the file of the learned Judicial Magistrate No.I, Tiruvannamalai and set aside the same.

For Petitioner : Mr.B.Jawahar For Respondents For R1 : Mr.A.Gopinath Government Advocate (Crl. Side) For R2 to R4 : Mr.J.Venkatramn

ORDER

This Criminal Revision Case has been preferred against the order dated 19.12.2022, passed by the learned Judicial Magistrate No.I, Tiruvannamalai, in Cr.M.P.No.4109 of 2022, thereby dismissing the petition filed by the petitioner under Section 156(3) of Cr.P.C., seeking direction to register FIR.

2.

The petitioner lodged complaint alleging that there was a property dispute between the petitioner and the respondents 2 to 5 herein. In that regard, on 05.11.2022, the respondents 2 to 5 engaged excavator and completely damaged the boundary line in the cultivating land belongs to the petitioner. When the same was questioned by the petitioner's wife, she was threatened with dire consequences by the respondents 2 to 5. For the said occurrence, the petitioner lodged complaint on 11.11.2022 before the respondent that too by way of registered post. However, it was refused to be received and was returned back to the petitioner. Therefore, the petitioner seeks direction under Section 156(3) of Cr.P.C., for registration of FIR and the same was dismissed by the trial Court. Hence, the present revision.

3.

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

4.

On perusal of the complaint, it is revealed that there was no explanation for the belated complaint for the occurrence that took place on 05.11.2022. The complaint was lodged only on 11.11.2022 for the occurrence that took place on 05.11.2022 that too, by way of registered post. Thereafter, the petitioner simply sent a communication to the higher officials and filed petition under Section 156(3) of Cr.P.C. The petitioner failed to submit any other material evidences to prove the occurrence took place on 05.11.2022. Therefore, the direction sought for by the petitioner rightly rejected by the trial Court and this Court finds no infirmity or illegality in the order passed by the trial Court.

5.

Accordingly, the Criminal Revision Case stands dismissed. 10.06.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order rts

G.K.ILANTHIRAIYAN. J, rts To 1.The Judicial Magistrate No.I, Tiruvannamalai.

2.The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai.

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

10.06.2025