Madras High CourtCRL RC/710/2025dismissed

Mrs.Kala v. C.Muniyappan

2025-06-11Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kala .....

Petitioner Vs 1.C.Muniyappan 2.M.Elavarasi 3.P.Kasinathan 4.P.Archunan 5.A.Janakiraman 6.C.Murugan 7.Menaka 8.C.Venkatesan 9.A.Kumar 10.V.Anbalagan 11.Mohammed Ali (Spl.SI) 12.Sivagnanam (Head Constable 540) 13.Ramesh (Spl.SI) .....

Respondents PRAYER: Criminal Revision Case is filed under Sections 397 and 401 of Code of Criminal Procedure to set aside the order in Crl.M.P.no.3691 of 2022 dated 08.05.2024 on the file of the Judicial Magistrate, Gingee, Villupuram District.

For Petitioner : Mr.P.Thirumalai

O R D E R

This Criminal Revision Case has been filed challenging the order dated 08.05.2024 passed in Crl.M.P.No.3691 of 2022 on the file of the Judicial Magistrate, Gingee, Villupuram District, thereby dismissing the private complaint.

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 respondents had obtained patta for the land, which is situated behind the house of the petitioner and they are in possession of the said property. The petitioner claims that the said land belongs to him. However, the petitioner failed to make out a prima-facie case for taking cognizance of any offence as against the respondents. The petitioner ought to have approached the civil Court for appropriate relief. In fact, the petitioner did not even challenge the patta issued in favour of the respondents in the manner known to law. Therefore, the Trial Court has rightly dismissed the complaint.

4. In view of the above, this Court finds no infirmity or illegality in the order dated 08.05.2024 passed in Crl.M.P.No.3691 of 2022 on the file of

the Judicial Magistrate, Gingee, Villupuram District.

5. Accordingly, this Criminal Revision Case stands dismissed. 11.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To The Judicial Magistrate, Gingee, Villupuram District.

G.K.ILANTHIRAIYAN, J.

Lpp

11.06.2025