BHOOPATHI @ MURUGAN; PALANICHAMY; PALANIVEL; RAMESH; BHOOPATHI; SURESH Vs. STATE BY INSPECTOR OF POLICE ELANCHIPALAYAM POLICE STATION; SUB-DIVISIONAL EXECUTIVE MAGISTRATE-CUM-REVENUE DIVISIONAL OFFICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to call for the records relating to the proceedings dated 03.09.2016 made in M.C.No.03-2016 (C) passed by the second respondent herein and quash the same.

(2.) On the report filed by the Inspector of Police, Elanchipalayam Police Station in Crime No.246 of 2016, the Sub Divisional Executive Magistrate-cum-Revenue Divisional Officer, Thiruchengode Taluk, Namakkal District, has initiated proceedings under Section 145, Cr.P.C. against the petitioners herein and has issued notice to them for their appearance, challenging which, the petitioners are before this Court.

(3.) Mr. S. Senthilnathan, learned counsel for the petitioners submitted that an FIR under Section 145, Cr.P.C. cannot be registered as it does not disclose commission of a cognizable offence and in support of this contention, he placed reliance upon a judgment of a learned Single Judge of this Court in K. Pounrajan vs. Collector, Chennai District, Chennai and others, 2004 MadLJ(Cri) 55. He also contended that the notice is bad in law inasmuch as a proceedings under Section 145 Cr.P.C. can be initiated only when there is a dispute with regard to land, but, in this case, the petitioners are not claiming any title over any land, despite which, the Sub Divisional Executive Magistrate-cum-Revenue Divisional Officer, has directed the petitioners to appear with necessary documents to prove their possession. He further contended that instead of taking penal action against the opposite party, the Sub Divisional Executive Magistrate-cum-Revenue Divisional Officer, has initiated Section 145, Cr.P.C. proceedings against the petitioners.