Selvaraj v. Meyyar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Selvaraj ... Petitioner/Petitioner vs.

Meyyar

...Respondent/Respondent

PRAYER : This Criminal Revision Petition has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records and set aside the order, dated 30.05.2022 passed by the learned Judicial Magistrate, Aranthangi in Crl.M.P.No.2299 of 2022. For Petitioner : Mr.T.Leninkumar O R D E R This Criminal Revision Petition is directed against the order passed in Crl.M.P.No.2299 of 2022, dated 30.05.2022, dismissing the petition filed under Section 156(3) of Cr.P.C. 2.The petitioner has filed a petition under Section 156(3) r/w 200 of Cr.P.C. for registering the case for the alleged constructions made in 1/4

his property by trespassing into the same and also for taking away the building materials. The learned Magistrate, after perusing the petition and on hearing the petitioner's argument, by observing that the matter is of civil dispute, dismissed the petition.

3.On considering the complaint and other materials, perused the impugned order of the learned Magistrate dismissing the petition filed under Section 156(3) of Cr.P.C., cannot be found fault with. 4.At this juncture, the learned counsel for the petitioner would submit that the petitioner may be granted liberty to file a private complaint.

5.In the result, this Criminal Revision Petition is dismissed. The petitioner is at liberty to file a private complaint under Section 200 of Cr.P.C., and on filing of such complaint, the learned Judicial Magistrate, Aranthangi, is directed to proceed in accordance with law. 28.07.2022 sji 2/4

To 1.The Judicial Magistrate, Aranthangi.

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

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K.MURALI SHANKAR, J.

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