KUMAR Vs. PERUMAL

JUDGEMENT

(1.) This revision is preferred by the petitioner/complainant against the order of the Judicial Magistrate II, Poonamallee, dated 27-8-1990 discharging the accused in respect of the charges under Ss. 147, 447, 427 and 506(1) IPC by invoking the provisions under S. 251 of the Code of the criminal procedure.

(2.) The facts of the case are as follows :- The complainant/petitioner has purchased a house site with a stone-house from one Rathinam on 24-2-1989. Since then he had been in possession and enjoyment of the same. The respondents 1 to 13 accused, since gave trouble to the complainant possession of the said property, he filed a suit O.S. No. 484 of 1980 on the file of District Munsif Court, Poonamallee and obtained interim injunction restraining the accused from interfering with the possession and enjoyment of the property by the complainant. On 28-3-1989 the complainant also gave a petition to the Superintendent of police Chingleput and Sub-Inspector of Police, Adambakkam against the accused/respondent informing about the pendency of interim injunction and the efforts of the accused persons to trespass into the said property despite the interim injunction.

(3.) On 15-4-1989 at about 10-00 a.m. when the complainant and his brother went to the land, they saw the accused trespassed into the said land removing the parapet wire fence putting around it by the complainant. On questioning about the highhanded action, the accused threatened the complainant and his brother with dire consequences. This occurrence was witnessed by three more witnesses. Fearing further trouble by the accused, the complainant came to the police station and gave a complaint. Since the police did not take action against the accused, the complainant filed a private complaint on 2-5-1989 before the Judicial Magistrate, II, Poonamallee.