B.Nigajdeen v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 28/03/2023

CORAM

The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.4947 of 2023 and Crl.MP(MD)No.4363 and 4364 of 2023 1.B.Nigajdeen 2.Thameem Ansari 3.Thanseer Ali : Petitioners/A1 to A3 Vs.

1.The State rep. by The Sub Inspector of Police, South Gate Police Station, Madurai City.

(Crime No.406 of 2021) : R1/Complainant 2.N.Imthias Babu : R2/De-facto Complainant PRAYER:- This Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to call for the records pertaining to CC No.1185 of 2022 on the file of the Judicial Magistrate No.IV, Madurai and quash the same and pass any other orders.

For Petitioner : Mr.M.Sheik Abdullah For 1st Respondent : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking quashment of CC No.1185 of 2022 on the file of the Judicial Magistrate No.IV, Madurai.

2.The facts in brief:- The de-facto complainant lodged a complaint stating that he is owning property in Moideen Andavar 2nd Street, South Perumal Mastri Street, Madurai and residing in that property. The neighbours namely the accused persons herein are having dispute with the de-facto complainant over the above said property. So enquiry was pending before the Therkuvasal Jamath. On 03/10/2022, the de-facto complainant along with his family members went to a marriage. At that time, the accused persons trespassed into the kitchen portion of the property and demolished a portion. It was informed to him and he returned to the place at 07.40 pm and found that the property was demolished. The kitchen portion of the property was demolished and lock was also put in the door. Later, the above said lock was removed by the accused.

3.On the basis of the basis of the above said occurrence, a case in Crime No.406 of 2021 was registered for the offences punishable under sections 294(b), 427 and 506(i) IPC and after completing the investigation, final report was filed and it was taken cognizance by the trial court in CC No.1185 of 2022.

4.Seeking quashment of the same, this petition has been filed on the ground that none of allegations mentioned in the final report attract any of the ingredients of the offences under section 294(b), 427 and 506(ii) IPC; Apart from that, it is also stated that there is no prima facie materials collected during the course of investigation.

5.Heard both sides.

6.The learned counsel appearing for the petitioners would rely upon various judgments such as in Muthiah Posumpon and three others Vs. State rep. through the Inspector of Police, C-4, Thilagar Thidal Police Station (L & O), Madurai City, Madurai (Crl.OP(MD)No.13259 of 2017, dated 22/02/2021); in

T.Lakshmi Vs. N.Ramesh and two others (Crl.RC No.176 of 2021, dated 31/03/2021) to bring home the point that the ingredients of the offences under sections 294(b) and 506(ii) IPC are not attracted. We need not go into the above said aspect, since the offence under section 427 IPC is mentioned not only in the complaint, but also in the final report.

7.I have gone through the entire CD file. Perusal of the CD file shows that a portion of the property has been demolished, but the worth of the above said demolished portion has not mentioned in the final report. When a prima facie material is available to show that a portion of the property was demolished, the trial must take in its logical conclusion.

8.Whether in the facts and circumstances of the case, the offences under sections 294(b) and 506(i)IPC attract can be considered by the trial court on its own merit at the time of disposal. When demolition of a property of the house is alleged, it must be taken in its logical conclusion. I find absolutely no reason to quash the proceedings. The petitioner got clear abuse of process of the court.

9.In the result, this criminal original petition is dismissed.

Consequently connected Miscellaneous Petitions are closed.

28/03/2023 Index:Yes/No Internet:Yes/No er To, 1.The Judicial Magistrate No.IV, Madurai.

2.The Sub Inspector of Police, South Gate Police Station, Madurai City.

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

G.ILANGOVAN, J er Crl.OP(MD)No.4947 of 2023 28/03/2023