The court affirmed that a Magistrate has discretion under Section 156(3) Cr.P.C. to determine if a complaint discloses a cognizable offence, and dismissal of such petitions is valid if the dispute is civil in nature.

ORDER :

This Criminal Revision is directed against the order made in C.M.P.No. 8411 of 2022, dated 21.12.2023, on the file of the Court of Judicial Magistrate No.I, Kuzhithurai, dismissing the petition filed under Section 156(3) Cr.P.C.

2. The case of the petitioner is that the lands in S.No.8/4, 7/11 and 7/12 of Nallur Village, are owned by the petitioner's sister, that she constructed a house leaving some vacant portion adjacent to the house for her convenient enjoyment, that though the respondents 2 to 6 are having separate pathway to the house of the second respondent, with evil intention to form pathway through the petitioner's sister's land, attempted to trespass and harass the petitioner and her family members, that on 15.07.2022, the respondents 2 to 6 with the help of some rowdy elements trespassed into the petitioner's land and caused damages to the compound wall, that when the same was questioned, the fourth respondent abused the petitioner in filthy language and attempted to outrage her modesty and threatened the petitioner with dire consequences, that the fifth respondent has assaulted the petitioner's son and mother, that the respondents 2 to 6 caused damages to the paver blocks and also damaged the floor and wall, that when the petitioner attempted to prevent the illegal acts of the accused, they assaulted the petitioner indiscriminately and as a result of which, the petitioner sustained injuries all over her body, that she was admitted in Government Hospital, Kuzhithurai and was taking treatment as inpatient till 17.07.2022, that since the police did not registered the case, the petitioner sent a complaint to the Superintendent of Police, Kanyakumari District, that since there was no action, the petitioner was constrained to file a petition under Section 156(3) Cr.P.C., before the Judicial Magistrate No.I, Kuzhithurai, that the respondent police by suppressing the real facts and in order to support the accused persons, filed a false report, that the Judicial Magistrate, without considering the facts of the case in proper perspective, relying on the report of the police, passed the impugned order dismissing the petition filed under Section 156(3) Cr.P.C., and that therefore, challenging the said order, the present Criminal Revision Case came to be filed.

3. The learned Judicial Magistrate No.I, Kuzhithurai, taking the petition filed under Section 156(3) Cr.P.C., on file in C.M.P.No.8411 of 2022, called for a report from the first respondent Police.

4. The case of the respondents 2 to 6 is that since the second respondent was sick, he was admitted in the private hospital at Kuzhithurai, that when the second respondent was taken to home through ambulance, the same was restrained by the petitioner and her family members by placing jalli and blocked the common pathway, that when the blocking of common way was questioned, the petitioner and her family members abused the respondents in filthy language, that even before the alleged occurrence, there was a wordy quarrel between the second respondent and the petitioner and her family members and hence, a complaint and a counter complaint had been made and on that basis, C.S.R.Nos. 223 of 2022 and 224 of 2022 came to be registered, that the first respondent police advised both the parties to measure the property with the help of surveyor and settle the issue amicably, that on 20.06.2022, the petitioner restrained the respondents 2 to 6 from entering the house and hence, a complaint was lodged in C.S.R.NO.645 of 2022 and that while the said complaint was pending, the alleged occurrence was said to have taken place.

5. It is the further case of the private respondents that the petitioner's vendor had executed a sale deed in favour of the petitioner in respect of the property which was to be kept common use as a pathway, contrary to the partition deed, that the respondent police referred both the parties before the Revenue Divisional Officer, Padmanabhapuram under Section 145 Cr.