Janakiraman v. Gopal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2025

CORAM:

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

Petitioner Vs 1.Gopal 2.Suresh 3.Srinivasan @ Seenu 4.Umapathy 5.Viji 6.Punniyakotti 7.Parthiban 8.Muthu 9.Dinesh 10.Venkatesan 11.Sundar 12.Varatharaj 13.The Inspector of Police, Crime Branch, Manimangalam .....

Respondents PRAYER:

Criminal Revision Case filed under Section 438 r/w 442 of BNSS, 2023, praying to set aside the order passed in Crl.MP.No.5695 of 2024 dated 19.05.2024 on the file of the Judicial Magistrate, Sriperumbudur.

For Petitioner : Mr.C.V.Ilangovan For Respondents For R13 : Mr.A.Gopinath, Government Advocate(crl.side)

O R D E R

This Criminal Revision Case has been filed against the order passed in Crl.MP.No.5695 of 2024 dated 19.05.2024 on the file of the Judicial Magistrate, Sriperumbudur, thereby dismissing the petition filed for seeking investigation under Section 175(3) of BNSS, 2023. 2.

Heard, the learned counsel for the petitioner and the learned Government Advocate(crl.side) appearing for the thirteenth respondent. 3.

On perusal of the complaint lodged by the petitioner, it is revealed that the petitioner is residing at No.31 Perumal Koil Street, Nariyambakkam Village, Padappai Post and in addition to that, he is possessing an agricultural land admeasuring 1.30 acres comprised in survey No.40/1, Nariyambakkam Village, Kunrathur Taluk, Kancheepuram District. While being so, on 14.08.2022, ten persons came to his property and by using JCB vehicle destroyed his entire house and fencing pipes, thereby caused damage to the tune of Rs.6,00,000/-. Hence, he lodged a complaint. On perusal of the records, it is

further revealed that as directed by the Hon'ble Division Bench of this Court in WP.No.2371 of 2017, the encroachments in water bodies were started to be removed by the revenue officials. As a part of the same, the revenue officials engaged some persons and removed the encroachment made by the petitioner. Therefore, it cannot be said that they trespassed his property and caused damage. Hence, the direction sought for by the petitioner in the aforementioned petition was rightly dismissed by the learned Judicial Magistrate, Sriperumbudur. As such, this criminal revision case is liable to be dismissed. 4.

In view of the above discussion, this criminal revision case is dismissed.

24.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok To 1.Judicial Magistrate, Sriperumbudur

2. The Inspector of Police, Crime Branch, Manimangalam

3. The Public Prosecutor, High Court, Madras.

24.07.2025