M. VELUTHAI Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Petition is filed seeking quashment of the Closure Report of the Police and to direct the Police to register FIR as per the Orders passed in Crl.M.P. No.5511 of 2023 by the learned Judicial Magistrate-1, Srivaikundam, dtd. 27/4/2023.

(2.) The facts as per this Petition are that the Petitioner is an Agricultural Coolie. On 12/12/2007, one J. Baskar Rao had executed a Lease Deed in favour of the Petitioner's husband Mr. Mahalingam for the Punja land in Survey Nos.760/1, 760/2 to an extent of 13 1/2 Acres at Keshavallanaadu Village and in Survey Nos.1125, 1126 & 1137 to an extent of 19 Acre at Vadakku Kaaruseri Village, Srivaikundam Taluk, Thoothukudi District. Subsequently, on 20/11/2012, Sale Agreement was executed in favour of Petitioner's Husband by the said Baskar Rao based on which the Petitioner's husband paid the entire amount of Rs.7,00,000..00 However, even after receiving entire Sale Agreement amount of Rs.7,00,000.00 from the Petitioner's Husband, the said Baskar Rao failed to execute the Sale Deed in favour of the Petitioner's Husband so far. Therefore, the Petitioner's Husband filed a Civil Suit for Specific Performance in O.S. No.706 of 2023, before the Sub-Court, Tiruchendur for execute the Sale Deed as per the condition laid down in the Sale Agreement. It is pending and the proposed Accused also appeared before the Court.

(3.) From 2007 onwards the Petitioner and their family members are having peaceful possession of the above said land and they cultivating Agricultural plants for the past 16 years. With the intention to grab the said property from the Petitioner, the said Baskar Rao along with other persons trespassed into the Petitioner's Agricultural Land and threatened her with dire consequences. On 11/4/2023, the Petitioner lodged a Complaint before the First RespondentPolice and again on 13/4/2023, the Petitioner sent a Complaint to the Superintendent of Police, Thoothukudi to take action against the said Baskar Rao. Since no enquiry was conducted the Petitioner filed a Petition before the learned Judicial Magistrate under Sec. 156(3) of Cr.P.C. in Crl.M.P. No.2032 of 2022 and same was disposed of with the directions to the Respondent-Police to register FIR and for conducting investigation.