Pushparaj Vs State Rep.by Its Inspector of Police

respondent police against the respondents 2 and 3 about their illegal and unlawful act of encroaching upon Kuppa Reddy Kudiyiruppu 1st Street and blocking the road by piling up stones and erecting iron bars, whereas the respondent police closed the complaint as civil in nature. Therefore, the

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petitioner approached the Judicial Magistrate-2, Ponneri, by filing a petition

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under Section 156(3) of Cr.P.C. in Crl.M.P.No.1566 of 2024 seeking direction 2/6

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https://www.mhc.tn.gov.in/judis

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Crl.RC.No.386 of 2025 to the respondent police to register a case against the respondents 2 and 3, but

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the same was dismissed by the Magistrate on the ground that no evidence and

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document were produced to prove the allegations. Challenging the same, the present revision is filed.

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Heard the learned counsel for the petitioner, the learned Additional

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Public Prosecutor appearing for the 1st respondent police and the learned

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counsel for the respondents 2 and 3 and also perused the materials available on

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record including the complaint and the order of the Magistrate.

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A perusal of the order passed by the Magistrate shows that in

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Paragraph No.1 of the order, 6 witnesses have been shown as list of witnesses

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and 20 documents have been shown as list of documents. However, the

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Magistrate has not discussed either about the witnesses or about the documents

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and simply dismissed the petition stating that the petitioner has not produced

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any oral and documentary evidence to prove the allegations. Hence, this Court

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finds that the findings of the Magistrate is perverse.

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3/6

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https://www.mhc.tn.gov.in/judis

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Crl.RC.No.386 of 2025 5. Therefore, the order passed by the Judicial Magistrate No.2, Ponneri,

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in Crl.M.P.No.1566 of 2024 dated 11.09.2024 is set aside.

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Further, the 1st respondent police is directed to register a case based on

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the complaint given by the petitioner and conduct investigation and file the charge sheet within a period of two months from the date of receipt of a copy of this order.

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