JEYACHANDRAN AND ORS. Vs. SUB

JUDGEMENT

(1.) The petitioners are the 'A' party in the Proceedings under Sec. 107 of Criminal Procedure Code, initiated by the Revenue Divisional Officer. According to the petitioners, there is a dispute with regard to the property between the first petitioner and one Mr.Velmurugan, who is a brother of the intervenor and that there are complaints and counter complaints by the brothers in Crime Nos. 298 and 299 of 2013. Based on those complaints, the second respondent made a reference to the first respondent under Sec. 107 Cr.P.C for further action. The first respondent by the impugned proceedings initiated Sec. 107 Cr.P.C proceedings, which has been challenged before this Court.

(2.) The learned Counsel appearing for the petitioners would contend that it is only a property dispute between the brothers and there is no violation of public peace and moreover, there was a civil dispute in O.S.No.90 of 2008 which was filed by the petitioners and got dismissed and the appeal suit in A.S.No.72 of 2013 is pending before the appellate Court. In those circumstances, Sec. 107 Cr.P.C proceedings are not sustainable. Heard the learned Counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) for the respondents.

(3.) A perusal of the record would show that the first petitioner and Mr.Velmurugan, who is the brother of the first petitioner were involved in a fight with regard to the property which resulted in filing of the complaints and counter complaints by both parties and got registered in Crime Nos. 298 and 299 of 2013. A private litigation or complaint cannot be the basis for reference under Sec. 107 Crimial P.C. That apart, the petitioners' family members alone were arrayed in 'B' party and the array of parties in 'B' party would go to show the violation of Sec. 107 Cr.P.C proceedings. Moreover, a civil proceedings is pending on the file of the sub-Court, Thoothukudi in A.S.No.72 of 2013, regarding the same property. Therefore, in view of the civil proceedings, Sec. 107 Cr.Pc Proceedings is not sustainable.