J.John De Britto @ J.Jeeva v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI J.John De Britto @ J.Jeeva ... Petitioner Vs.

1.The Inspector of Police, Maruvoor Police Station, Thanjavur District.

2.Adaikaladas 3.C.Sekar ... Respondents PRAYER: Criminal Revision Petition is filed under Section 397 and 401 of Cr.P.C., to call for the records relating to the order passed in Crl.M.P.No.318 of 2024 on the file of the learned Judicial Magistrate, Thiruvaiyaru, dated 12.02.2024 and set aside the same as illegal and consequently direct the first respondent to register FIR and consequently direct the first respondent to register FIR and proceeds further in accordance with law. For Petitioner : Mr.M.Suresh For 1st Respondent : Mr.M.Sakthi Kumar Government Advocate (Criminal side) For Respondents 2 & 3 : Mr.S.Gurumoorthy 1/5

ORDER

Challenging, the order passed in Crl.M.P.No.318 of 2024 dated 12.02.2024 on the file of learned Judicial Magistrate, Thiruvaiyaru, this Criminal Revision Petition is filed.

2.The petitioner is the owner of the property comprised in Survey Nos. 35/2E, 344/2B, 34/2A of Vadukakudi Village and he is a Teacher having agricultural land. For the purpose of agriculture, he had also laid a bore well in the aforesaid property for the purpose of agriculture and he had grown 1100 plantations and many other agriculture plants and trees. The claim of the petitioner is that the respondents 2 and 3 claiming to be the leasee of the said land, had created heavy damage to the plants and crops therein. In view of the same, he lodged a complaint before the first respondent Police on 31.12.2023 and thereafter, on 05.01.2024. The first respondent Police did not take action. Due to inaction of the first respondent police, the petition under Section 156(3) of Cr.P.C.

, came to be filed by the petitioner before the learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District, seeking to register FIR as against the respondents 2 and 3. However, considering the civil nature of the dispute involved and recording the fact that already the petitioner has filed a civil suit in O.S.No.

Munsif, Thiruvaiyaru, the said application came to be dismissed. Against which, this Criminal Revision Case is filed.

3.The learned Government Advocate (Crl.) appearing for the 1st respondent submitted that the first respondent police had conducted discreet enquiry and had closed the complaint lodged by the petitioner. 4.Recording the same, I do not find any infirmity in the order passed by the learned Trial Court. Accordingly, this Criminal Revision Case is dismissed. No Costs.

10.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mrn 3/5

To 1.The Judicial Magistrate, Thiruvaiyaru, Thanjavur District.

2.The Inspector of Police, Maruvoor Police Station, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

L.VICTORIA GOWRI, J., Mrn 10.07.2025 5/5