Crl.R.C.No.1427 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA

Crl.R.C.No.1427 of 2023

Natarajan

... Petitioner

Vs.

1.Shanmugam

2.Sagunthala

3.Sharmila

4.Babu

… Respondents

Prayer : Criminal Revision filed under Section 397 r/w. 401 of Criminal

Procedure Code to set aside the order of dismissal dated 17.07.203 in

Crl.M.P.No.3455/2023 passed by the learned Judicial Magistrate,

Katpadi and consequently direct the Inspector of Police, Lattheri Police

Station to register FIR on the basis of the complaint dated 15.05.2023.

For Petitioner : Mr.G.Balamanikandan

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Crl.R.C.No.1427 of 2023

ORDER

Challenging the orders dated 17.07.2023 passed by the learned

Judicial Magistrate, Katpadi in Crl.M.P.No.3455/2023, the present

revision is filed.

2.The revision petitioner filed a private complaint under Section

200 Cr.PC before the Judicial Magistrate, Katpadi, seeking direction to

the Inspector of Police, Lattheri Police Station, to register an FIR and to

investigate the case on the basis of the complaint preferred by him under

Section 156 (3) Cr.P.C. The said private complaint was dismissed by the

learned Judicial Magistrate, Katpadi by observing thus :

"2.It is stated in the affidavit of the complainant

that the accused persons have trespassed onto his land

and dug sand using bulldozers and threatened him with

dire consequences when questioned. A complaint was

lodged with the concerned police for taking necessary

criminal action against him. The police have not taken any

action on the complaint.

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Crl.R.C.No.1427 of 2023

3.In the present case all the facts and

circumstances of the case are within the knowledge of the

complainant. From the complaint and the documents

placed on record, it appears that there is a dispute

between the parties over the family land, which is a

dispute of civil nature, and the photos enclosed with the

complaint show that the bulldozers were digging the sand

on land and didn't depict any crime scenes. In Mitesh

Kumar J Sha V The State of Karnataka and Ors Case,

our Hon'ble Supreme Court held that cloaking a civil

dispute with a criminal nature in a bid to get quicker relief

is an abuse of the process of law which must be

discouraged. Hence, on the face of the complaint and

records, this Court finds that a dispute of civil nature has

been given criminal color in this complaint and no

accusation is to be investigated. In the facts and

circumstances of the case, there is no requirement for the

collection of evidence by the police at this stage as the

complainant can lead his evidence. In view of this, the

present complaint under Section 156(3) Cr.P.C. is

dismissed."

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Crl.R.C.No.1427 of 2023

3.Aggrieved over the same, the present revision is filed.

4. Mr.G.Balamanikandan, learned counsel for the revision

petitioner contended that the respondents/accused trespassed into the

petitioner's land and when this was confronted by the complainant, they

threatened him with dire consequences. He further submitted that the

petitioner's complaint was not at all considered by the police.

5. A perusal of the complaint shows that the respondents herein

had allegedly trespassed into the property of the revision petitioner and

dug sand using bulldozers. It is seen that the dispute between the

petitioner and respondents seems to be of civil in nature and therefore,

dismissal of the private complaint by the learned Judicial Magistrate,

Katpadi cannot be found fault with. The learned Judicial Magistrate had

gone into the complaint of the present petitioner and had passed a

detailed order. I do not find any reason to interfere wi