A.Sakthivel Vs The Sub inspector of police — Madras HC (2025) — LawSathi Research

A.Sakthivel Vs The Sub inspector of police — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the learned Magistrate erred in treating the petition filed under Section 156(3) Cr.P.C. as a complaint under Section 200 Cr.P.C. and dismissing it under Section 203 Cr.P.C., instead of forwarding it to the police for investigation under Section 156(3) Cr.P.C. +1 more

Court's answer

A Magistrate, on a petition styled under Section 156(3) Cr.P.C., may lawfully elect to treat it as a private complaint under Section 200 Cr.P.C., record the sworn statement, and dismiss it under Section 203 Cr.P.C. if no prima facie case is made out; the course adopted by the learned Magistrate is perfectly in order and cannot be found fault with.

Ratio / Principle

On the materials on record a civil dispute existed between the parties, and without evidence of possession the allegations of trespass and related offences cannot be considered.

Key takeaways

Since the petitioner himself alleged that only the three named persons came to the property at the time of occurrence, there is no prima facie case under Sections 147 and 148 IPC; nor did the complaint or sworn statement contain any allegation of abusive language.ratio¶42

Detailed headnote1 paragraphs

Criminal Revision, Madurai Bench of Madras High Court (K. Murali Shankar, J.), against the order dated 19.06.2019 in Cr.M.P.No.2271 of 2019 of the learned Additional District Munsif cum Judicial Magistrate, Vedasanthoor, dismissing under Section 203 Cr.P.C. the petitioner's complaint alleging trespass, assault, criminal intimidation and damage of Rs.5,000/- to fencing by three sons of deceased Raj in respect of land in S.No.663/3C, R.Kombai Village, amid a pending title dispute (W.P(MD)No.18219 of 2015 having been allowed on 18.12.2019 with liberty to approach the civil court). Held, dismissing the revision: a Magistrate dealing with a petition under Section 156(3) Cr.P.C. may either forward it to the police or treat it as a private complaint under Section 200 Cr.P.C.; the Magistrate rightly recorded the sworn statement, found the dispute civil in nature, and correctly held there was no prima facie case - absent evidence of possession the trespass allegations could not be considered, only three named persons were alleged (no case under Sections 147/148 IPC), and no abusive language was alleged in the complaint or sworn statement. Reliance placed on P.Pitchiyappan (AIR Online 2021 Madras 969) and the principles in Anju Chaudhar (2013) 6 SCC 384 and Lalita Kumari (2014) 2 SCC 1). Criminal Revision Case dismissed.