Madras High CourtCRL RC/1514/2025allowed

Prakash Veeraswamy v. The State Rep By The Inspector Of Police

2025-08-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.08.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Prakash Veeraswamy ..... Petitioner Vs The State Represented by The Inspector of police, CCB, LD -II Team, Avadi Police Commissionerate, Avadi, Chennai - 600 054 .....

Respondent Prayer: Criminal Revision is filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 11.06.2025 passed by the learned Judicial Magistrate -1, Poonamallee in Crl.M.P.No.191 of 2025 and consequently direct the respondent police to forthwith register a complaint and conduct an investigation For petitioner : Mr. B.Harikrishnan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) 1/4

ORDER

This revision is preferred as against the order passed in Crl.M.P.No.191 of 2025 dated 11.06.2025 on the file of the learned Judicial Magistrate No.I, Poonamallee, thereby dismissed the petition filed under Section 175(3) of BNSS.

2. On perusal of the complaint lodged by the petitioner, the petitioner owned a house plot and some henchmen trespassed into the property and completely demolished the compound wall and also cut down the trees. Though there was title dispute between the petitioner and his relative and for the offence committed by the 3rd party cannot be overlooked and it cannot be considered as civil dispute. Therefore, the allegations are prima facie the case made out to register the FIR and without considering the same, the learned Magistrate has dismissed the petition stating that the issues are civil in nature which cannot be sustained. Therefore, this Court is not inclined to set aside the order passed by the learned Judicial Magistrate No.I, Poonamallee in Crl.M.P.No.191 of 2025.

3. Accordingly, this Criminal Revision Case is dismissed. The 2/4

respondent shall proceed the investigation in the manner known to law. 21.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Sma To

1. Judicial Magistrate - II, Jayankondam, Ariyalur District 2.The Deputy Superintendent of Police, District Crime Branch, Ariyalur, Ariyalur District.

3.The Inspector of Police, District Crime Branch, Ariyalur, Ariyalur District.

4.The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

Sma 21.08.2025 4/4