Mariya Krishtina Jenifer v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Mariya Krishtina Jenifer .....
Petitioner Vs State Rep. by The Inspector of Police, Perumanallur Police Station, Perumanallur, Tiruppur District .....
Respondent PRAYER:
Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, praying to set aside the order dated 12.06.2025 made in Crl.MP.No.1765 of 2024 on the file of the Judicial Magistrate, Avinashi and direct the respondent police to register FIR on the basis of the complaint given by the petitioner dated 27.03.2024 and investigate the matter in accordance with law. For Petitioner : Mr.M.Vignesh For Respondent : Mr.A.Gopinath, Government Advocate(crl.side)
O R D E R
This Criminal Revision Case has been filed against the order dated 12.06.2025 made in Crl.MP.No.1765 of 2024 on the file of the Judicial Magistrate, Avinashi, thereby dismissed the complaint filed by the petitioner
seeking direction under Section 175(3) of BNSS. 2.
It is the case of the petitioner that her late mother R.S. Devi had lawfully purchased 1.21 cents of land in Survey No.292/1, 2, Thoranavavi Village, through registered sale deed No.306/2011 dated 02.02.2011 and remained in peaceful possession until her demise on 16.08.2011. Only three persons i.e. herself, his father A.Selvaraj, and his sister S. Jebrina Jayamery are the legal heirs of the deceased mother. On 22.02.2013, the petitioner along with her father and sister entered into an unregistered sale agreement with one, A.Samiyappan for selling the property at Rs.12,40,250/- with an advance payment of Rs.4,00,000/-. The original title document No.306/2011 was handed over to A. Samiyappan as part of the sale agreement in which time was stipulated between 22.02.2013 and 14.06.2013 to complete the sale. When A.
Samiyappan failed to complete the purchase within the stipulated time, he proposed subdividing the land into house sites for selling it for better returns, to which the petitioner agreed. The land was subdivided and named "Sri Venkateswara Nagar" with internal roads surrendered to Thoranavavi Village Panchayat vide document No.1421/2013 dated 10.07.2013. The said A. Samiyappan delayed proceedings citing Chennai High Court's order prohibiting sales without town planning approval and sub-registrar restrictions.
06.08.2024, M. Selvaraj (A.Samiyappan's son-in-law) revealed that A. Samiyappan died 15 days earlier and the original title deed was mortgaged with a finance company. Thereafter, M. Selvaraj demanded Rs. 75,00,000/- within one week or signatures for land transfer, threatening criminal cases and family torture, while claiming Rs. 60,00,000/- expenses for town planning approval. Therefore, the said M. Selvaraj has unlawfully taken possession of the original sale deed and is committing breach of trust by refusing to return it, thereby attempting to defraud the petitioner and acquire the properties illegally. 3.
On perusal of records, it is revealed that the entire transactions are civil in nature and therefore, the trial court rightly dismissed the petition and this Court finds no infirmity or illegality in the impugned order. 4.
In view of the above discussion, this criminal revision case stands dismissed.
14.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok G.K.ILANTHIRAIYAN, J.
lok To 1.Judicial Magistrate, Avinashi 2.The Inspector of Police, Perumanallur Police Station, Perumanallur, Tiruppur District 3.The Public Prosecutor, High Court of Madras 14.07.2025