A.Meera v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Meera .....
Petitioner Vs 1.The Commissioner of Police, Office of the Commissioner of Police, Tambaram, Chengalpattu District 2.The Inspector of Police, Central Crime Branch, Tambaram, Chengalpattu District .....
Respondents PRAYER:
Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, praying to set aside the order passed in Crl.MP.No.1004 of 2025 on the file of the Judicial Magistrate Court No.II, Chengalpattu, dated 25.07.2025 and direct the second respondent to register FIR.
For Petitioner : Mr.R.Shivakumar for Mr.G.Balachandar For Respondents : 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.1004 of 2025 on the file of the Judicial Magistrate Court
No.II, Chengalpattu, dated 25.07.2025, thereby dismissing the petition filed under Section 156(3) of Cr.P.C.
2.
Heard, the learned counsel appearing on either side and perused, all the materials placed before this Court.
3.
On perusal of the complaint lodged by the petitioner, it is revealed that the petitioner's grandfather i.e. Angu Gramani has two children i.e. the petitioner's father Arulalan and uncle Panner selvam. Her grandfather purchased property in Survey No. 89/17 out of 72 cents, 40 cents are enjoyed, Patta No.315. After the demise of the grandfather, his sons partitioned each 20 cents and registered partition deed at Chengalpet Sub Registrar office in Document No. 863/1981. The remaining 25 cents purchased by her uncle's wife ie, Vanaja in document No. 804/1982 and enjoyed. Her uncle and his wife settled 45 cents property to their sons ie., Nanda Kumar, SanthaKumar and Jeyakumar on 05.07.2006 in settlement deed No. 7678/2006. With bad intention, they suppressed the settlement deed and joined patta and obtained patta No.1130 on fraudulent manner and themselves partitioned in document No. 10184/2013 dated 05.09.2013 including the Petitioner's property of 0.4 1⁄2 cents. The joint patta 315 stands in the name of 1. Desikacharry, 2. Rangacharry
Iyanar, 3. Kalyanasamy Iyanar, 4. Appu Naickar, 5. Arunlalan, 6. Munusamy, 7. Gobalsamy Naickar, 8. Vanaja. The Nandakumar, Santhakumar, Jeyakumar have fraudulently obtained Patta 1130 in their names. Through RTI obtained documents and after verifying, it shows that patta No.1130 RPT No. 8910/2010 stands in the name of Terita Rose, Nallambakkam village Survey No. 187/4C, sq.fft -2400. The above three persons have cheated the property of the complainant. Hence, the Petitioner filed the complaint before Tambaram Commissioner office on 07.02.2024 and they have not taken any action and kept abeyance in favour of the accused and not followed guidelines in the case of Lalitha Kumari Vs. State of UP. Hence, the petitioner filed petition under Section 175(3) r/w 223 BNSS Act before the learned Judicial Magistrate Court No.II, Chengalpattu to direct the 2nd Respondent Police to register FIR under Sections 316 (2), 336(2)(3), 318 (2)(4), 61(2) r/w 3(5) of BNS and to investigate the matter.
4.
Thereafter, the learned Magistrate directed the respondents to conduct enquiry and submit a report. After conducting enquiry, the respondent submitted a report saying that after issuance of UDR patta, there was dispute between them in respect of the boundary and also counter party submitted fake documents to obtain patta. Therefore, the respondents sought for further time to
conduct detailed investigation. However, without considering the same, the learned Magistrate mechanically dismissed the petition, against which this criminal revision case has been filed.
5.
In view of the above, the impugned order cannot be sustained and the same is liable to be set aside. Accordingly, the impugned order passed in Crl.MP.No.1004 of 2025 on the file of the Judicial Magistrate Court No.II, Chengalpattu, dated 25.07.2025 is set aside. The second respondent is directed to register FIR against the accused persons and proceed with investigation in accordance with law.
6.
With the above direction, this criminal revision case stands allowed.
19.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok Note: Issue order copy on 22.08.2025
To 1.The Judicial Magistrate Court No.II, Chengalpattu 2.The Commissioner of Police, Office of the Commissioner of Police, Tambaram, Chengalpattu District 3.The Inspector of Police, Central Crime Branch, Tambaram, Chengalpattu District 4.The Public Prosecutor, High Court of Madras
G.K.ILANTHIRAIYAN, J.
lok 19.08.2025