The petitioner challenged an order confirming a Magistrate's dismissal of a complaint as civil in nature. The Court held that no irregularity existed and dismissed the Criminal Original Petition.
None. The Criminal Original Petition filed under Section 482 Cr.P.C. is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.12663 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.09.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)No.12663 of 2019
S.J.Sundar Singh
... Petitioner/Appellant Pary in Person
Vs
A.Mariya Antony Samy ... Respondent
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order dated 19.03.2019 passed in Criminal Revision Petition No.55 of 2018 on the file of the I Additional District and Sessions Judge (PCR), Trichirapallli confirming the order dated 13.08.2018 passed by the Hon'ble Chief Judicial Magistrate, Trichy in Crl.M.P No.1331 of 2019.
For Petitioner : Mr.S.J.Sundar Singh Party in Person
ORDER
This Criminal Original Petition has been filed to set aside the order dated 19.03.2019 passed in Criminal Revision Petition No.55 of 2018 on the file of the I Additional District and Sessions Judge (PCR), Trichirapallli confirming the order dated 13.08.2018 passed by the learned Chief Judicial Magistrate, Trichy in Crl.M.P No.1331 of 2019.
2. It is seen that the petitioner is a tenant under the respondent. He entered into agreement on the strength of the lease agreement . He is in possession and enjoyment of the property. There was some dispute between them in respect of providing basic amenities and maintenance. In this regard, he lodged a complaint to provide basis amenities. The learned Magistrate after conducting enquiry and recording sworn statements found that the allegations are civil in nature and there are prima facie materials to attract all the offences lodged by the complainant.
3. It is also seen from the sworn statement and complaint that the entire allegations are civil in nature, therefore the learned Chief Judicial Magistrate, Trichy had rightly dismissed the complaint given by the petitioner and this Court finds no https://hcservices.ecourts.gov.in/hcservices/
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Crl.O.P.(MD)No.12663 of 2019
irregularity or infirmity in the order passed by the Magistrate.
4. Hence the petition is devoid of merits and it is dismissed.
Assistant Registrar // True Copy //
Sub Assistant Registrar(CS)
To
2.The Chief Judicial Magistrate, Trichy.
+2 CC to Mr.S.J.SUNDAR SINGH, Party in Person, SR-86257.
Crl.O.P.(MD)No.12663 of 2019 12.09.2019
CS(20.09.2019) 2P 5C
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2 issues framed by the court
Whether to set aside the order of the Magistrate dismissing the complaint as the allegations were civil in nature.
If the perjury complaint filed by the tenant deserves quashing under Section 482 Cr.P.C.
1 provisions across 1 enactments
S.J.Sundar Singh
A.Mariya Antony Samy
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
