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Madras High CourtCRL RC/793/2025dismissed

A.Marappan v. P.Ilango

2025-06-23Honourable Mr Justice G.K. Ilanthiraiyan4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Marappan .....

Petitioner Vs P.Ilango .....

Respondent PRAYER: Criminal Revision Case is filed under Section 442 r/w 440 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the judgment and order dated 07.04.2025 made in Crl.M.P.No.5001 of 2023 in Crl.M.P.No.3832 of 2023, on the file of the Judicial Magistrate at Paramathy and to allow the revision petition.

For Petitioner : Mr.N.A.Ravindran

O R D E R

This Criminal Revision Case has been filed challenging the order dated 07.04.2025 passed in Crl.M.P.No.5001 of 2023 in Crl.M.P.No.3832 of 2023 on the file of the Judicial Magistrate, Paramathy, thereby dismissing the protest petition filed by the petitioner.

2. Initially, the petitioner lodged a complaint before the Inspector

of Police, Nallur Police Station, alleging that a Neem tree, which the petitioner had grown up on the land comprised in K.S.No.71/P, present survey No.448/16, Door No.3/18, Ulagapalayam, Paramathy was cut and removed by one Ilango. On the complaint, no action has been taken and as such, the petitioner filed a petition under Section 156 (3) of Cr.P.C in Crl.M.P.No.3832 of 2023 seeking a direction for investigation. Pursuant to the direction issued by the learned Judicial Magistrate, the Sub-Inspector of Police, Nallur Police Station, conducted a detailed enquiry and filed a final report. Aggrieved by the same, the petitioner filed a protest petition as against the closure report.

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

4. A perusal of the records reveals that there is absolutely no evidence to show that the petitioner is the owner of the land in question. Further, it appears that the tree was cut as it was interfering with the electricity line. In order to wreck vengeance, the petitioner lodged a complaint. Hence, the Trial Court rightly dismissed the protest petition filed by the petitioner.

5. In view of the above, this Court finds no infirmity or illegality

in the order dated 07.04.2025 passed in Crl.M.P.No.5001 of 2023 in Crl.M.P.No.3832 of 2023 on the file of the Judicial Magistrate, Paramathy. Accordingly, this Criminal Revision Case stands dismissed. 23.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To The Judicial Magistrate, Paramathy.

G.K.ILANTHIRAIYAN, J.

Lpp 23.06.2025