KUMARAVEL Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) Shop Nos.31 and 32, Radhapuram road, Valliyoor belongs to one Kumaravel, S/o.Arunachalam Chettiar and that he had given the property on rent to Balamurugan sometimes in the year 2001. According to the landlord, Balamurugan had handed over the possession of the property on 29.05.2015 and thereafter, the shops were demolished and new shops were constructed. While so, Balamurugan filed a petition in Cr.M.P.No.3697 of 2017 before the learned Judicial Magistrate, Valliyoor, under Section 156(3) of the Code of Criminal Procedure alleging that on 25.02.2017 around 12.00 a.m., the accused had demolished the godown with JCB and had taken away the materials kept in the godown valued at Rs.15,00,000/- (Rupees Fifteen Lakhs only); that when complaint was given to the police on 26.02.2017, CSR.No.74 of 2017 was registered and the same was closed on 12.03.2017 advising the parties to work out their remedies before the Civil Court. On this complaint in Cr.M.P.No.3697 of 2017, the learned Judicial Magistrate, Valliyoor, passed orders on 02.06.2017, directing the police to register a First Information Report, based on which, the police have registered a First Information Report in Crime No.179 of 2017 under Sections 147, 447, 379 of the Indian Penal Code and Section 3 of PPDL Act against the petitioners herein. Challenging the order dated 02.06.2017 passed by the learned Judicial Magistrate, Valliyoor in Cr.M.P.No.3697 of 2017, the accused have filed Crl.R.C.(MD)No.483 of 2017.

(2.) Balamurugan lodged a second complaint before the learned Judicial Magistrate, Valliyoor, which was taken on file as Cr.M.P.No.3393 of 2017 under Section 156(3) of the Code of Criminal Procedure, in which, he has alleged that on 07.05.2017 around 030 a.m., Dr.Kumaravel, Arun Selvan, Alagesan, Murugan and ten others forcibly demolished the shops and had taken illegal possession of it. The learned Judicial Magistrate, Valliyoor, passed orders in Cr.M.P.No.3393 of 2017 on 29.05.2017, directing the police to register a First Information Report, based on which, the police have registered a case in Crime No.180 of 2017 on 23.06.2017 under Sections 147, 447 and 109 of the Indian Penal Code against the petitioners and others, challenging which, the accused have filed Crl.R.C.(MD)No.482 of 2017.

(3.) When the aforesaid orders were being passed by the learned Magistrate, a petition was filed by Dr.Kumaravel in Cr.M.P.No.3696 of 2017 under Section 156(3) Cr.P.C., alleging that on 09.05.2017, around 11 'O' Clock, Balamurugan and his group attempted to take forcible possession of the shops and when it was questioned, they criminally intimidated the complainant. The learned Magistrate has passed orders in Cr.M.P.No.3696 of 2017 on 02.06.2017 directing the police to enquire this also. However, no First Information Report has been registered, in spite of the direction issued by the learned Magistrate in Cr.M.P.No.3696 of 2017. However, Dr.Kumaravel has filed Crl.R.C.(MD)No.484 of 2017, challenging the order dated 02.06.2017 in Cr.M.P.No.3696 of 2017 on the ground that the learned Magistrate has not given a positive direction to the police to register a First Information Report. Thus, there are three revision cases before this Court.