C.Vellaisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.R.C.(MD)No.709 of 2022 C.Vellaisamy ... Revision Petitioner Vs.

1.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

2.Ganeshan 3.Mukkanambalam 4.Perumal 5.Muniyandi 6.Arumugam ... Respondents Prayer : This Criminal Revision has been filed under Section 397 and 401 of Criminal Procedure Code, to call for the records pertaining to the order passed in Cr.M.P.No.2660 of 2022 dated 08.06.2022 on the file of the learned Judicial Magistrate Court, Vedasanthur and set aside the same as illegal. 1/5

For Petitioner : Mr.M.Vignesh Kumar For R2 : Mr.M.Sakthi Kumar Government Advocate For R1 to R6 : Mr.S.Sarvagen Prabhu

O R D E R

This Criminal Revision Case has been filed to call for the records pertaining to the order passed in Cr.M.P.No.2660 of 2022 dated 08.06.2022 on the file of the learned Judicial Magistrate Court, Vedasanthur and set aside the same as illegal.

2. The learned counsel for the petitioner submitted that suit in O.S.No.82 of 2022 has been filed by the petitioner before the Principal District Judge, Vedasanthur and the same is pending. After receiving the summons from the concerned Court, the respondents frequently made a trouble. Because of the above said trouble, he made a complaint before the respondent police and the same was not considered. Thereafter, the petitioner filed a petition under Section 156(3) of Crl.P.C in Cr.M.P.No.2660 of 2022 dated 08.06.2022, before the learned Judicial Magistrate Court, Vedasanthur without considering the facts, the learned Judicial Magistrate dismissed the petition. Challenging the same, the present Criminal Revision Case has been filed.

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3. Mr.M.Siva Kumar, learned Government Advocate(Crl.side) appearing for the first respondent submitted that now the disputed land is under the possession of the brother of the revision petitioner and in respect of the civil dispute a suit was filed and the same is pending.

4. It is seen that already a civil dispute is pending between the parties, to that effect a suit is also filed and the same is pending. In the mean time, on 13.06.2022, the private respondents have illegally trespassed into the petitioner's land and also threatened the petitioner and his family members.

5. In view of the above, this Court does not find any merits in the revision and does not find any illegality or infirmity in the order passed by the trial Court. Therefore, this revision is liable to be dismissed. In the result, the Revision Petition is dismissed and liberty is granted to the petitioner, if any trouble has been made by the accused in future, he can file a proper complaint before the respondent police. 09.12.2022 Index : Yes/No Internet : Yes/No tta 3/5

To:- 1.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

2. learned Judicial Magistrate Court, Vedasanthur 4/5

G.ILANGOVAN,J tta ORDER MADE IN Crl.R.C.(MD)No.709 of 2022 09.12.2022 5/5