S.Munianna v. Rajamuthaiah Chettiar Charitable Trust And Educational Trust,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Munianna rep. by GPA Holder Muhammed Ali.

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Petitioner Vs

1. Rajamuthaiah Chettiar Charitable Trust & Educational Trust, Represented by its Trustee M.A.A.M.Muthia @ Ayyappan, having office at Chettinad House, Raja Annamalaipuram, Chennai - 600 028.

2.TICINO Rural Development Society, Represented by its Trustee, K.N.George, Residing at No.255, Moore Street, Parrys, Chennai - 600 001.

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Respondents PRAYER: Criminal Revision Case is filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 04.03.2025 passed in C.M.P.No.63 of 2025 on the file of the learned District Munsif and Judicial Magistrate, Thiruporur.

For Petitioner : Mr.S.P.Vijayaragavan

O R D E R

This Criminal Revision Case has been filed challenging the order dated 04.03.2025 passed in C.M.P.No.63 of 2025 on the file of the District Munsif-cum-Judicial Magistrate, Thiruporur, thereby dismissing the petition seeking a direction under Section 175(3) of the Bharatiya Nyaya Sanhita, 2023.

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. A perusal of the complaint lodged by the petitioner reveals that the petitioner owned the subject property. The second respondent had registered a sale deed in his favour in respect of the said property, which was challenged before the Civil Court in O.S.No.117 of 2016 on the file of the District Munsif Court, Chengalpet and the same was decreed in favour of the petitioner on 12.10.2017. Thereafter, on 16.09.2024, the petitioner lodged a complaint alleging that the second respondent once again attempted to change the patta in his name.

4. A perusal of the entire allegations, this Court is of the view that no offence is made out against the second respondent. That apart, the sale deed

has already been registered in favour of the second respondent and the same has been declared null and void by a Civil Court decree in favour of the petitioner. Therefore, the learned Magistrate rightly rejected the petition seeking direction under Section 175(3) of BNS, 2023.

5. In view of the above, this Court finds no infirmity or illegality in the order dated 04.03.2025 passed in C.M.P.No.63 of 2025 on the file of the District Munsif-cum-Judicial Magistrate, Thiruporur.

6. Accordingly, this Criminal Revision Case stands dismissed. 13.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To The District Munsif-cum-Judicial Magistrate, Thiruporur.

G.K.ILANTHIRAIYAN, J.

Lpp 13.06.2025