Crl.O.P.(MD)No.10299 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 21.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

Crl.O.P.(MD)No.10299 of 2021

and

Crl.M.P.(MD)No.5274 of 2021

K.Ravichandran

... Petitioner/Sole Accused

Vs.

1.The State represented by

The Inspector of Police,

Devakottai Town Police Station,

Sivagangai District.

(Crime No.293 of 2020)

... 1^st Respondent/Complainant

2.Dhanasekar,

Clerk Justice(P),

Senior Revenue Inspector,

Sub Divisional Administrative Justice and

Revenue Divisional Office,

Devakottai,

Sivagangai District.

... 2^nd Respondent/

Defacto Complainant

Prayer : Criminal Original Petition is filed under Section 482

Cr.P.C., to call for records pertaining to the FIR in Crime No.293

of 2020 on the file of the first respondent and quash the same.

For Petitioner

: Mr.C.Mayilvahana Rajendran

For Respondents : Mr.E.Antony Sahaya Prabahar

Additional Public Prosecutor for R.1

ORDER

Heard the learned counsel appearing for the petitioner and

the learned Additional Public Prosecutor appearing for the first

respondent.

2. The petitioner Ravichandran is having his residence in the

back side of the house of Thomaiammal. The said Thomaiammal gave a

complaint that on account of the location of the septic tank in

the petitioner's house, the borewell installed in her house has

been polluted. She therefore, gave a complaint under Section 133

Cr.P.C before the Revenue Divisional Officer, Devakottai.

1/3

https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.10299 of 2021

Proceedings under Section 133 of Cr.P.C were initiated. The

petitioner filed Crl.R.C.(MD)No.368 of 2020 before this Court and

contended that the property does not belong to him. Recording the

said submission, this Court granted interim order of stay.

However, the authority was given liberty to proceed against the

concerned party. It appears that the property actually stands in

the name of the petitioner's son. Since this Court even while

granting interim order permitted the authority to proceed in the

matter, the issue was taken to its logical conclusion and final

order was also passed. It is now stated that the nuisance has been

fully abated. The old septic tank was completely closed and a new

septic tank had been located at another place. The report given by

the Block Medical Officer has been enclosed in the type set of

papers and it is seen therefrom that as on date, there is no

complaint.

3. Since the petitioner made a false statement before the

Executive Magistrate, Crime No.293 of 2020 has been registered at

the instance of the second respondent herein. As rightly pointed

out by the learned counsel appearing for the petitioner, if

perjury was committed by the petitioner then private complaint

should have been instituted. The respondent Police could not have

registered any FIR for offences under Sections 177, 209, 218 and

219 IPC. Though the offences under Section 425 IPC has also been

included, it is seen that the essential ingredients are not

present. Even if I assume that the offence of perjury was

committed, it cannot be converted into a cognizable offence of

cheating. The impugned FIR is not maintainable. It stands quashed.

This Criminal Original Petition is allowed. Consequently,

connected miscellaneous petition is closed.

Sd/-

Assistant Registrar (AD II)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

mga

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.

2/3

https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.10299 of 2021

To

1.The Inspector of Police,

Devakottai Town Police Station,

Siv