P.G.SUNDARARAJ Vs. V.ARUL

JUDGEMENT

(1.) The petitioners herein are A1 to A5 in S.C.No.198 of 2012 taken cognizance on the basis of the complaint given by the first respondent Arun, for the offences under Sections 147, 148, 426, 447, 395 and 506(ii) IPC. At the time of framing of charges, the accused filed an application under Section 227 of Cr.P.C., for discharging the accused from the charges.

(2.) The complaint proceeds as if the petitioners / accused 1 to 5 along with 30 other persons came in two tractors at about 3 p.m on 02.02.2011 with deadly weapons and demolished the compound wall of the complainant and removed the debris and when the same was questioned by the complainant, the complainant was threatened with dire consequences, which compelled him to lodge a complaint before Andhiyur Police Station and on their failure to take any action, the complainant approached the concerned Judicial Magistrate by way of private complaint, which culminated as S.C.No.198 of 2012.

(3.) The criminal proceedings is opposed by the accused 1 to 5 mainly on the ground by denying the complainant's claim for title and ownership and for possession of the property in question. According to them, the property in question belongs to them and the same is lying vacant and there is already a civil suit in O.S.No.73 of 2011 filed by the complainant's mother for the relief of permanent injunction and mandatory injunction on the file of Additional District Munsif, Bhavani, in respect of the same cause of action and though the Civil Suit is filed along with Interlocutory Applications for interim reliefs, no interim relief was granted in favour of the plaintiff and pending Civil Suit for determination of the title dispute in respect of the property between the parties, the question of subjecting the petitioners for any ordeal of trial for the offences above mentioned does not arise herein.