Madras High CourtCRL OP/3274/2023disposed of

Ganapathy v. Murugananthams/O. Chandrakasan,

2023-02-14Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.3274 of 2023 Ganapathy ... Petitioner Vs.

1. Muruganantham

2. T. Jothi

3. S.Thiyagarajan

4. The Inspector of Police, Anti Grabbing Special Cell, Thiruvarur District. ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 4th respondent herein to register the complaint of the petitioner dated 04.04.2022 in view of the order passed in Crl.M.P.No.643 of 2022 dated 17.06.2022 on the file of the District Munsif Cum Judicial Magistrate ( FAC) at Nannilam.

For Petitioner : M/s. T.Muruganantham For R4 : Mr.S.Santhosh Government Advocate(Crl.side)

O R D E R

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This Criminal Original Petition has been filed to direct the 4th respondent herein to register the complaint of the petitioner dated 04.04.2022 in view of the order passed in Crl.M.P.No.643 of 2022 dated 17.06.2022 on the file of the District Munsif Cum Judicial Magistrate ( FAC) at Nannilam.

2. The learned counsel for the petitioner submitted that petitioner is the owner of 1 acre land in S.No.33/9 situated at perunanallur Village, Thanjavur District and he got this property through family partition. In 2016, first respondent had sold the said property to the 2nd respondent. Therefore, petitioner gave a complaint to the District Munsif Cum Judicial Magistrate, Nannilam under Section 156(3) of Cr.P.C. The learned Magistrate directed the fourth respondent/ Anti Land Grabbing Cell, Thiruvarur District to investigate the case and file a report. However, till now, there is no FIR was registered, leading to file this petition.

3. The learned Government Advocate (Crl. Side) submitted that, on the basis of the direction given by the learned District Munsif Cum Judicial Magistrate, Nannilam, 4th respondent conducted enquiry. The enquiry revealed 2/4

that the issue between the parties is civil in nature and the report was also submitted to the learned District Munsif Cum Judicial Magistrate, Nannilam.

4. In view of the submission made by the learned Government Advocate (Crl. Side), this Criminal Original Petition is disposed of giving liberty to the petitioner to approach the District Munsif Cum Judicial Magistrate, Nannilam with regard to the report filed by the 4th respondent and for appropriate remedy. 14.02.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order Sma G.CHANDRASEKHARAN,J.

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Sma To

1. District Munsif Cum Judicial Magistrate, Nannilam

2. The Inspector of Police, Anti Grabbing Special Cell, Thiruvarur District.

3.The Public Prosecutor, High Court of Madras, Chennai.

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