PADMA SRINIVASAN Vs. SUNDARAVADANAM

JUDGEMENT

(1.) The instant Criminal Revision Case is filed by the petitioner as against the order of dismissal of his Private Complaint filed under Section 200 of Cr.P.C. as against the respondents for alleged offences of Criminal Trespass and Mischief over his property in LIC Nagar, Madipakkam, Chennai.

(2.) It is the case of the revision petitioner that the respondents who are adjacent land owners have trespassed into the petitioner's property and have put up a construction intruding his property. The respondents do not have title or right whatsoever to intrude into her property by extending their construction beyond the extent mentioned in the sale deed of the respondents. After a Survey conducted in the year 2015 by revenue authority, the respondents' occupation was found as illegal. It was further found that in the meantime the 1st respondent had settled his property on 13.02015 in favour of the 2nd respondent. Though the 1st respondent obtained planning permission on 103.2014 from the competent authority, the construction is put up by him additionally by encroaching the petitioner's property. Hence aggrieved over the misdemeanour of respondents the revision petitioner has filed the above Private Complaint in Crl.M.P.No. 2472 of 2017 on 19.05.2017 as against the respondents for alleged Offences punishable under Sections 427 abd 448 of I.P.C. However the Learned Trial Judge on misconception of Law and facts had dismissed her complaint devoid of merits vide the impugned Order dated 001.2017. Hence the present Criminal Revision petition.

(3.) I heard Mr.C.Rajan, learned counsel for the Revision petitioner and Mr.R.Bharathkumar, learned counsel for the respondents and perused the entire materials available on record.