Saravanakumar Vs State Of Tamilnadu Rep By Inspector Of Police, Pettaivaithalai

PRAYER : To call for the records and set aside the order dated 06.05.2025 made in Cr.MP.No.3015/2024 on the file of Learned District Munsif cum Judicial Magistrate Court, Srirangam and consequently direct the 1st respondent police to register a case on the complaint dated 06.11.2023 given by the petitioner and allow the criminal revision.

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For Petitioner : Mr.M.Suresh

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For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

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

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Crl.RC(MD).No.1639 of 2025

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ORDER

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The present criminal petition has been filed challenging the order dated 06.05.2025 in Cr.MP.No.3015/2024, on the file of Learned District Munsif cum Judicial Magistrate Court, Srirangam.

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The limited ground was challenged in the impugned order while rejecting the petition filed under Section 156(3) of the Cr.P.C., does not assign any reason except to state that the matter is a civil in nature.

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A perusal of the impugned order dated 06.05.2025, does reveal that the submission of the learned counsel appearing for the petitioner has merits. The relevant portion of the order is extracted herein:-

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“The counsel for the petitioner has filed the petition U/s.156(3) Cr.P.C praying to issue direction to the Pettavaithalai Police Station to register FIR against the respondents.

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The petition and the affidavit of the petitioner perused. The contention of the petitioner is that the The Inspector of Police, Pettavaithalai Police Station, has failed to register a case based on the complaint given by the petitioner.

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Enquiry heard. On considering the acts and circumstances the matter is civil in nature. Hence this petition is dismissed. In the result, the petition is dismissed.”

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

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Crl.RC(MD).No.1639 of 2025

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1. While it is the case of the petitioner that his sister had trespassed into

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his premises and damaged his farm house with the help of a JCB. However, as stated supra, the impugned order does not assign any reason while rejecting the petition filed under Section 156(3) of Cr.P.C, in other words non-speaking.

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In view of thereof, since the impugned order dated 06.05.2025 has been passed in gross non-application of mind to the material facts, this Court is inclined to set aside the impugned order dated 06.05.2025. Accordingly, the impugned order dated 06.05.2025 is set-aside and the matter is remitted back to the learned District Munsif cum Judicial Magistrate Court, Srirangam for fresh consideration of the petition filed under Section 156(3) of the Cr.P.C, and to pass appropriate orders on merits and in accordance with law. The said exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

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