VENGATESAN Vs. EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the proceedings in Na.Ka.1224/2020/Al dated 29.09.2020 on the file of the first respondent.

(2.) The case of the petitioners is that the first petitioner herein lodged a complaint dated 02.06.2020 before the second respondent Police against the respondents 3 to 5, which was assigned as C.S.R.No.182 of 2020. On coming to know about the same, in order to circumvent the criminal prosecution, the third respondent herein had lodged a complaint, which was assigned as C.S.R.No.183 of 2020.Subsequently, the second respondent Police conducted an enquiry and advised the parties to approach the Civil Court for appropriate remedy. However, the respondents 3 to 5 again started to dispose the movables in the said properties, the first petitioner again lodged a complaint dated 21.06.2020, which was assigned as C.S.R.No.200 of 2020 and the second respondent warned the respondents 3 to 5 to refrain from their illegal activities. However, they refused to refrain from their activities, hence, the second respondent Police registered the First Information Report in Crime No.667 of 2020 under Section 145 of Cr.P.C and forwarded a copy of the F.I.R to the first respondent for further proceedings.

(3.) In pursuant to the registration of the F.I.R, the Tahsildar, Poonamallee has conducted an enquiry on 08.09.2020. Based on the report submitted by the Tahsildar, the first respondent herein without following the provisions of Section 145 Cr.P.C passed an impugned order dated 29.09.2020 in Na.Ka.No.1224/2020/Al, without application of mind by determining the rights unilaterally in favour of the respondents 3 to 5. Aggrieved over the said order, the petitioners are before this Court with the present Criminal Revision Case.