Sathik Jeyapaul v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Sathik Jeyapaul ... Petitioner Vs.

1.The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

2.Michealsan 3.Sibin 4.Sildan ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to set aside the order dated 14.10.2024 passed by the Learned Additional District Judge Kuzhithurai in Crl.M.P.No.4611/2022 in R.P.No.14/2022 and direct the Judicial Magistrate No.2, Kuzhithurai to reopen and reconsider Crl.M.P.No. 4611 of 2022.

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For Petitioner : Mr.SC.Herold Singh For R1 : Mr.A.S.Abul Kalaam Azad Government Advocate(Crl.side) 1/4

ORDER

This criminal original petition has been filed to set aside the order dated 14.10.2024 passed by the Learned Additional District Judge Kuzhithurai in Crl.M.P.No.4611/2022 in R.P.No.14/2022 and to direct the learned Judicial Magistrate No.2, Kuzhithurai to reopen and reconsider Crl.M.P.No.4611 of 2022.

2.The petitioner has lodged a complaint that he has been forcibly evicted by his land-lord. The petitioner's complaint was forwarded by the learned Judicial Magistrate No.2, Kuzhithurai under Section 156(3) Cr.P.C., for enquiry. The respondent Police has filed a report before the learned Judicial Magistrate No.2, Kuzhithurai that the complaint is false one. Recording the same the complaint of the petitioner was closed by the learned Magistrate. Challenging the same, the petitioner has filed a revision in Crl.RC.(MD)No.944 of 2021. This Court, by holding that no offence is made out and the trial Court has rightly dismissed the petition, has dismissed the revision. However, this Court has granted liberty to the petitioner to file a private complaint, in accordance with law. Taking advantage of the same, the petitioner has filed a private complaint and 2/4

the same was also dismissed, against which, the petitioner filed the present petition. It appears that as against the orders of the learned Judicial Magistrate, the petitioner has also filed a revision petition before the learned Sessions Judge and the same was also dismissed. This Court is of the view that there is no merit in this petition and this Court is not inclined to entertain this petition. Accordingly, this criminal original petition is dismissed.

10.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Additional District Judge Kuzhithurai 2.The Judicial Magistrate No.2, Kuzhithurai 3.The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

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

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B.PUGALENDHI,J gns 10.07.2025 4/4