Madras High CourtCRL RC(MD)/104/2019dismissed

Chidambaraselvaraj v. Perumalnadar

2023-06-05Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Chidambaraselvaraj ... Revision Petitioner/ Petitioner Vs.

1.Perumal Nadar 2.Vaidhyalingam 3.Jeyaraman 4.Dhanasekaran 5.Chellamani 6.Muthukaruppan ... Respondents/ Respondents PRAYER: Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records pertaining to the order passed in Crl.M.P.No.61 of 2019, dated 31.01.2019 on the file of the learned Special Court for Anti-Land Grabbing, Tirunelveli and set aside the same.

For Petitioner : Mr.K.Navaneetharaja For RR 1, 5 & 6 : Mr.D.Srinivasa Raghavan For RR 2 to 4 : No appearance 1/4

ORDER

This revision has been filed as against the order passed in Crl.M.P.No.61 of 2019, dated 31.01.2019, on the file of the learned Special Court for Anti-Land Grabbing, Tirunelveli, thereby dismissing the private complaint filed by the petitioner. 2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1, 5 and 6 and perused the materials available on record. 3.On perusal of the complaint revealed that the respondents, without any title over the property comprised in Survey Nos.97/1 and 98/2, executed settlement deeds registered vide Document Nos.4075 and 4091 of 2018, dated 18.09.2018. Therefore, he lodged a complaint and the same was not considered by the jurisdictional police. Hence, the petitioner was constrained to file a private complaint and sought for a direction under Section 156(3) of Cr.P.C to register the F.I.R.

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4.On perusal of the records revealed that all the allegations made in the complaint are civil in nature. Therefore, no offence is made out and the trial Court rightly dismissed the complaint. Hence, this Court finds no infirmity or illegality in the order passed by the Court below and the revision is liable to be dismissed.

5.Accordingly, this Criminal Revision Case is dismissed. However, the petitioner is at liberty to work out his remedy before the competent civil Court in accordance with law, if he is so advised. 05.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes ps To The Special Court for Anti-Land Grabbing, Tirunelveli.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 05.06.2023 4/4