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2022 Supreme(Mad) 2007

D. BHARATHA CHAKRAVARTHY
N. Ethiraj – Appellant
Versus
Commissioner of Police, O/o. Commissioner of Police, Chennai – Respondent


Advocates appeared:
For the Petitioner:M. Anandaraj, Advocate. For the Respondent:S. Vinoth Kumar, Government Advocate (Crl.side).

JUDGMENT

(Prayer: Criminal Revision Case filed under Section 397 read with 401 Code of Criminal Procedure, to call for the records of order dated 02.05.2022 passed in Crl.M.P.No.167 of 2022, on the file of the learned Special Metropolitan Magistrate, Land Grabbing Court II, Egmore at Allikulam and to examine the legality, correctness and propriety of the order and to set aside the same.)

1. This Criminal Revision Case is filed aggrieved by the order dated 02.05.2022 in Crl.M.P.No.167 of 2022 passed by the learned Special Metropolitan Magistrate for land grabbing Court No.II, whereby the petition filed by the petitioner to refer his complaint for investigation under Section 156(3) of Cr.P.C. was rejected by finding that the dispute raised in the complaint are of Civil in nature and essentially is of title dispute.

2. The learned counsel for the petitioner would assail the order of the court below on the ground that the purpose of referring the complaint under Section 156(3) of Cr.P.C., is to investigate an offence punishable under the provisions of the Indian Penal Code. In the present case, the learned Magistrate neither conducted an enquiry nor directed the Police to conducted an inq

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