Madras High CourtCRL RC(MD)/604/2015dismissed

R. Senthilan v. Mariyaparthiban

2017-07-07Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.R.C.(MD) No.604 of 2015 R.Senthilan ... Petitioner Vs.

1.Mariyaparthiban 2.Prathabking 3.Stalin 4.Batric 5.Prabinth 6.Selvi 7.Ajitha ... Respondents Petition filed under Sections 397 read with 401 Cr.P.C, to call for the records pertaining to the impugned order of learned Judicial Magistrate, Vallioor in Cr.M.P.No.10095 of 2014, dated 31.08.2015 and set aside the same as illegal by allowing the instant criminal revision petition.

For Petitioner : Mr.S.Ramasamy For Respondents : Mr.S.Palanivelayutham

ORDER

The petitioner has given a complaint against the respondents alleging that the petitioner has constructed a compound wall in his land in Survey No.846/2 and the respondents have demolished the said compound wall. When the petitioner questioned the same, they have threatened him with dire consequences. Hence, the petitioner has filed a petition under Section 200 Cr.P.C. The said petition has been dismissed by the Court below. Challenging the same, the present Criminal Revision Case has been filed.

2.A perusal of the complaint would go to show that the dispute is civil in nature and a suit in O.S.No.98 of 2014 is pending on the file of the Principal District Munsif Court, Valliyoor between the parties. Considering the above fact that the trial Court dismissed the application on the ground that the dispute https://hcservices.ecourts.gov.in/hcservices/

is civil in nature, I find no reason to interfere with the order passed by the Court below and therefore, Criminal Revision Case is dismissed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate, Vallioor.

SMS TE/JC/SAR-II : 19/07/2017 : 2P/2C Crl.R.C.(MD) No.604 of 2015 07.07.2017 https://hcservices.ecourts.gov.in/hcservices/