ORDER

This petition has been filed to quash the proceedings in C.C.

No.431 of 2022 on the file of the Judicial Magistrate No.II, Tiruvallur, Tiruvallur District.

2. The case of the prosecution is that on 07.10.2021, the defacto complainant lodged a complaint before the police stating that he had purchased the property comprised in S. No.12/2A to an extent of 1.16 acres and in Survey No.13/3A admeasuring to an extent of 1.10 acres through a Sale Deed in Doc. No.1262 of 2021 dated 22.04.2021. From the date of purchase, he was in possession and enjoyment of the property. While so, on 08.04.2021 at about 3.30 p.m., the petitioners trespassed to his land and stored the crushed stone in his land and when the same was questioned by the defacto complainant, the petitioners threatened him with dire consequences. Based on the above said complaint, FIR has been registered in Cr. No.475 of 2021 for the offences under Sections 447 and 506(i) of IPC. Thereafter, the 2nd respondent police investigated the case and filed the final report and the same was taken cognizance in C.C. No.431 of 2022 on the file of the Judicial Magistrate Court No.II, Tiruvallur District. Challenging the said taking of cognizance of the case in C.C. No.431 of 2022, the present petition is filed.

3. The learned counsel appearing for the petitioners would contend that he purchased the disputed property through a Sale Deed dated 22.04.2021 and the alleged occurrence is said to have been taken place on 08.04.2021. On the date of occurrence, the petitioners are the owners of the property and they are in possession of the property and therefore, Section 447 of IPC would not attract. As far as the offence under Section 506(i) of IPC is concerned, there is no any ingredient to constitute the offence and the allegations as per the FIR is that the petitioners threatened the defacto complainant and there is no specific word mentioned in the FIR. Therefore, there is no any evidence to constiute the offences under Sections 447 and 506(i) of IPC, but the 1st respondent without conducting proper enquiry, filed the final report and the same was also numbered as C.C. No.431 of 2022 before the Trial Court. Therefore, the pending proceedings in C.C. No.431 of 2022 are abuse of process of law and the same is liable to be quashed.

4. The learned Additional Public Prosecutor appearing for the State would contend that based on the complaint given by the 2nd respondent, the respondent police have registered the FIR in Cr. No.475 of 2021 for the offences under Sections 447 and 506(i) of IPC. The defacto complainant is the original owner of the said property and he purchased the property for a valuable consideration and he was in possession and enjoyment of the disputed property and while the defacto complainant is in possession and enjoyment of the property, the petitioners herein have stored the crushed stone by trespassing into the property and when the same was questioned by the defacto complainant, they caused criminal intimidation to the petitioners, thereby, FIR has been registered and thereafter, they conducted elaborate investigation and based on the investigation, they filed the final report and as per the final report, there is prima facie material available to proceed with the case with available records and hence the present petition is liable to be dismissed.

5. The learned counsel appearing for the 2nd respondent / defacto complainant would submit that he purchased the property on 22.04.2021. On 08.04.2021, the petitioners had stored the crushed stone into the property of the defacto complainant and when the same was questioned by the defacto complainant, they caused criminal intimidation and thereby, he lodged complaint before the 1st respondent and based on the complaint, the 1st respondent police have registered the FIR and thereafter, investigated the case and filed final report and as per the final report, there are prima facie materials available to constitute the offences