Madras High CourtCRL RC(MD)/734/2021dismissed

M.Paramasakthi @ Rooba v. Hemnath

2022-03-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD).No.734 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD).No.734 of 2021 M.Paramasakthi @ Rooba ... Petitioner Vs.

1. Hemnath

2. N.Essakki Raja

3. Selvam ... Respondents PRAYER: Criminal Revision Case filed under Section 397 and 401 Cr.P.C. praying to call for the records and set aside the order dated 15.09.2021 passed by the Judicial Magistrate No.IV, Tirunelveli in Crl.M.P No.7908 of 2021.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.N.Pragalathan

ORDER

This Criminal Revision Case has been filed challenging the order passed by the learned Judicial Magistrate No.IV, Tirunelveli in Crl.M.P No.7908 of 2021, dated 15.09.2021, thereby dismissing the complaint filed by the petitioner for direction under Section 156(3) of Cr.P.C.

2.On perusal of the complaint, it revealed that the petitioner and the first respondent are tenant and landlord and there is some dispute between the parties in respect of the rented house. The respondents have already filed a petition for eviction in R.C.O.P.No.30 of 2017 and the matter was compromised between them. 3.Even, accordingly, the petitioner ought to pay rental arrears and when the respondents demanded to pay the rental arrears, the petitioner lodged the complaint alleging that they scolded her with filthy languages and also attempted to assault her. The entire averments do not prima facie make out any offence under Section 156

(3) of Cr.P.C.

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Crl.R.C.(MD).No.734 of 2021 4.Therefore, the Court below rightly dismissed the petition and this Court finds no infirmity or illegality in the order passed by the Court below.

5.Accordingly, this Criminal Revision Case is dismissed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO The Judicial Magistrate No.IV, Tirunelveli.

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