Madras High CourtCRL RC(MD)/224/2021dismissed

Vetriselvi v. Arulmigu Mahalingam Swamy Thirukovil

2022-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD)No.224 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.224 of 2021 Vetriselvi ... Petitioner/ Complainant Vs.

1.Arulmigu Mahalingam Swamy Thirukovil, Kattalai Tambiran Swamigal, Srila Sri Swaminathan Swamigal, Thiruveedaimaruthur, Thanjavur District.

2.Simmarajan

...Respondents/ Respondents

Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, allow the above Crl.R.C. thereby set aside the order dated 23.01.2021 passed in Crl.M.P.No.205/2019 on the file of the District Munsif cum Judicial Magistrate Court, Thiruveedaimaruthur, Thanjavur District.

For Petitioners : Mr.B.Prahalad Ravi For Respondent : Mr.C.M.Arumugam No.1 For Respondent : Unserved No.2

O R D E R

This Criminal Revision has been filed to set aside the order dated 23.01.2021 passed in Crl.M.P.No.205/2019 on the file of the District Munsif cum Judicial Magistrate Court, Thiruveedaimaruthur, Thanjavur District.

2. The petitioner lodged a private complaint before the jurisdiction police alleging that on 09.11.2018 the respondents 1 and 2 illegally entered into petition mentioned properties and demolished the house and other constructed portion besides damaging the crops and when it was questioned by the petitioner, he was threatened with dire consequences by the accused persons, however it was not enquired. Therefore the petitioner has filed private complaint before the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, which was taken on file in Crl.M.P.No.205 of 2019.

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Crl.R.C.(MD)No.224 of 2021

3. During enquiry, on the side of the petitioner, he examined four witnesses and produced some documents. On perusal of the deposition and documents produced by the petitioner, it reveals that the petitioner has purchased the said property from one Renganathan by an unregistered sale deed dated 27.03.1998, however he failed to produce any document to show that he is in possession and enjoyment of the said property. That apart there is no document to show that the petitioner lodged complaint before the jurisdiction police. Since they conducted enquiry, the Court below ordered to file report. On persual of report of the Inspector of Police, Thiruvidaimaruthur Police,it reveals that there is no such complaint lodged by the petitioner, therefore the Court below finds that there is no case made out as against the respondent and rightly dismissed the complaint filed by the petitioner. Hence this Court finds no illegality or infirmity in the order passed by the Court below.

4. In the result, the petition stands dismissed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To The District Munsif cum Judicial Magistrate, Thiruveedaimaruthur, Thanjavur District.

+1 CC to M/s.B.PRAHALAD RAVI, Advocate ( SR-22771[F] dated 29/04/2022 ) +1 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-22767[F] dated 29/04/2022 ) Crl.R.C.(MD)No.224 of 2021 27.04.2022 RD(18.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2