S. BALAMURUGAN Vs. RAGUNATHAN

JUDGEMENT

(1.) AT the outset, the Petitioner laid a Complaint before the 10th Respondent-Police stating that he was entrusted the work of supervising the construction of wall between the place belonging to them and one Varadaraj, that Gnanasekar and Chandrasekar sons of Raghunathan and Parvathi objected to the construction of height of above 4 feet and their relatives Vijayaraghavan, his wife Vasantha, Rajendran brother of Vijayaraghavan and his wife Angayarkanni and sister of Vijayaraghavan by name Thulasi, prevented from construction and threw away the bricks, that when the Complainant enquired they told that if he wanted to construct compound wall, he had to allot one portion in his site and that they trespassed into the place of the Complaint and the above said occurrence took place at 3.00 p.m. on 1.06.2009.

(2.) SINCE the Police did not take any action on the Complaint, the Petitioner filed Private Complaint before the Judicial Magistrate No.IV, Trichirappalli, under Section 200, Cr.P.C, praying the Court to direct the Woraiyur Police to register the case under Section 156(3), Cr.P.C. and proceed with the investigation. Accordingly on 15.7.2009, the learned Judicial Magistrate directed the Station House Officer, Woraiyur Police Station, to register the case and to report. The case was registered in Cr. No.997 of 2009 on 4.9.2009. The Police, after investigation, filed a final report stating that further action was dropped on account of mistake of fact. The Judicial Magistrate issued notice to the present Petitioner to file protest Petition and the said Court passed the impugned order dated 12.5.2011 rejecting the request for investigation of the matter by some other Competent Authority and taking the Petition on file under Section 200, Cr.P.C.

(3.) IT is observed by the learned Judicial Magistrate that during investigation, the Police enquired the witnesses, prepared Observation Mahazar and Rough Sketch and came to the conclusion that the case is mistake of fact and filed report to that effect.