Madras High CourtCRL RC(MD)/311/2020dismissed

N.Ayyanar v. The Inspector Of Police

2022-03-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD)No.311 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.311 of 2020 N.Ayyanar ... Revision Petitioner/Petitioner Vs.

1. The State Rep. by its Inspector of Police, Avaniyapuram Police Station, Madurai.

2. G.Veeramani

3. V.Indra ... Respondents/Respondents Prayer: This Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C. to call for records from the learned Judicial Magistrate No.VI, Madurai and set aside the order in Cr.M.P.No.458 of 2020 dated 06.02.2020 by allowing this Revision petition and consequently directing the 1st respondent to register a case based on the complaint given by the petitioner dated 10.09.2019. For Petitioner : Mr.Radhi Sathish For R1 : Mr.M.Aasha Government Advocate (Crl. Side) For R2 & R3 : Mr.R.Santhanam

ORDER

This Criminal Revision Petition has been filed challenging the order in Crl.M.P.No.458 of 2020 dated 06.02.2020, passed by the learned Judicial Magistrate No.VI, Madurai, thereby dismissing the petition, filed for direction under Section 156(3) Cr.P.C. 2.On perusal of complaint by the petitioner, it is revealed that there is a property dispute between the petitioner and the respondents 2 & 3 herein. The learned Magistrate dismissed the petition on the ground that the civil remedy be decided only by the Civil Court.

https://hcservices.ecourts.gov.in/hcservices/

Crl.R.C.(MD)No.311 of 2020 3.Therefore, the Court below rightly dismissed the petition and this Court finds no infirmity or illegality in the order passed. Accordingly, this Criminal Revision Petition stands dismissed. However, the petitioner is at liberty to approach the Civil Court, in the manner known to law, if so advised.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate No.VI, Madurai.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai.

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

+1 CC to M/s.R.SANTHANAM, Advocate ( SR-9830[F] dated 03/03/2022 ) Crl.R.C.(MD)No.311 of 2020 02.03.2022 MGJ(18.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/