SENTHILVELPANDIAN Vs. STATE

JUDGEMENT

(1.) The Criminal Revision is directed against the Order passed in Crl.M.P. No.1378 of 2024, dtd. 31/5/2024 on the file of the learned Judicial Magistrate, Ambasamudram, dismissing the Petition filed under Sec. 156(3) of Cr.P.C.

(2.) The case of the Petitioner/Complainant is that his father Govindapandian has entered into a Sale Agreement with one Kulam Maideen and his wife Maboob Beevi in respect of the house property and vacant site situated in S. No.675 of V.K. Puram Part-I and subsequently, purchased the said property vide Sale Deed, dtd. 28/10/2004 after paying the valuable consideration; that his father had changed the Tax assessment and was in possession and enjoyment of the same; that his father had then executed a Will, dtd. 25/11/2010 in favour of the Petitioner's Mother and after the death of his father on 6/12/2010 Will came into force and the Petitioner's Mother has become Owner of the Suit property; that the Petitioner's Mother has then executed a Settlement Deed, dtd. 4/6/2012 in favour of the Petitioner and after necessary mutation, the Petitioner has been in possession and enjoyment of the said property; that the First Respondent, along with his relatives conspired together and with an evil intention to grab the property, has filed the Suit in O.S. No.5 of 2018 before the Sub-Court, Ambasamudram; that the First Respondent has given false evidence before the concerned Court with sole intention to grab the property; that the Petitioner has lodged a Complaint through online on 10/2/2024 on the file of the Respondent-Police; that though the Receipt came to be issued, there was no further action; that the Petitioner has then sent a Complaint to the Superintendent of Police, Tirunelveli, but there was no further action and that therefore, the Petitioner was constrained to file the present Petition under Sec. 156(3) of Cr.P.C., for registration of the case and for investigation.

(3.) The learned Magistrate has taken the Petition on file in Crl.M.P. No.1378 of 2024 and upon perusing the Petitioner's Affidavit and the Petition and after hearing the Counsel for the Petitioner, has passed the impugned Order, dtd. 31/5/2024, dismissing the said Petition.