Dismissed¶41

A.Sethu v. The State Rep. by the Inspector of Police

Madras HC10 Sept 2025WP Crl./167/2025

Case brief

AI extract

What is this about?

Madras High Court; W.P.Crl.No.167 of 2025; N. Sathish Kumar, J.; Section 164 BNSS 2023; Section 164(1) BNSS; Section 145 Cr.P.C; Article 226 Constitution of India; breach of peace; land or water dispute; immovable property; Executive Magistrate; Thasildar cum Executive Magistrate Sholinganallur; writ of mandamus; complaint not taken on file; Investigating Officer; police report or other information; satisfaction of Magistrate; written order stating grounds; three fundamental requisites; abuse of process of law; petition dismissed; no costs.

What did the court decide?

The very filing of the writ petition before this Court, seeking a general direction to take the Section 164 BNSS complaint on file, is a clear abuse of the process of law. ¶25

A.Sethu Vs The State Rep. by the Inspector of Police — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether a Writ of Mandamus should issue directing the 4th respondent (Thasildar cum Executive Magistrate) to take on file and enquire into the petitioner's complaint dated 08.04.2025 and amended petition dated 12.04.2025 lodged under Section 164 BNSS (145 Cr.P.C) alleging breach of peace concerning immovable property.

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Court's answer

The very filing of the writ petition before this Court, seeking a general direction to take the Section 164 BNSS complaint on file, is a clear abuse of the process of law.

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Ratio / Principle

Proceedings under Section 164 of BNSS, 2023 can be initiated only based on a police report or other information and upon the satisfaction of the Magistrate concerned that a dispute is likely to cause breach of peace concerning the property — not at the mere instance, whims and fancies of parties seeking a general direction through a writ petition for taking their complaint on file.

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Key takeaways

Three fundamental requisites exist for maintaining an order under Section 164 of BNSS, 2023: (1) a report of a police officer or other information that a dispute was likely to cause breach of peace concerning the immovable property; (2) the Magistrate must be satisfied with such police report or other information that the dispute was likely to cause breach of peace; and (3) on such satisfaction, the Magistrate must make an order in writing stating the grounds of satisfaction under Section 164(1) BNSS, 2023.ratio¶33

Detailed headnote1 paragraphs

MADRAS HIGH COURT (N. Sathish Kumar, J.), W.P.Crl.No.167 of 2025, decided 10.09.2025 — Writ petition under Article 226 of the Constitution of India sought a Writ of Mandamus directing the 4th respondent (Thasildar cum Executive Magistrate, Sholinganallur) to take on file and enquire into the petitioner's complaint dated 08.04.2025 and amended petition dated 12.04.2025 lodged under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 145 Cr.P.C), alleging breach of peace in respect of immovable properties. HELD, dismissing the petition with no costs: (i) the very filing of the writ petition was a clear abuse of the process of law; (ii) proceedings under Section 164 BNSS can be initiated only on a report of a police officer or other information and upon the satisfaction of the Magistrate concerned that a dispute concerning land or water is likely to cause breach of peace — the three fundamental requisites being (1) police report or other information of a dispute likely to cause breach of peace concerning immovable property, (2) the Magistrate's satisfaction therewith, and (3) a written order stating the grounds of satisfaction under Section 164(1) BNSS — and not by the mere whims and fancies of parties seeking a general writ direction for taking their complaint on file.

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W.P.Crl.No.167 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.09.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

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W.P.Crl.No.167 of 2025

A.Sethu

... Petitioner

Versus

The State Rep. by the Inspector of Police J-10, Chemmanchery Police Station Sholinganallur, Chennai - 600 119.

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2.The Assistant Commissioner of Police Chemmanchery Police Range Kannagi Nagar, Okkiyam Thuraipakkam Chennai - 600 097.

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3.The Commissioner of Police Tambaram Police Commissionerate Sholinganallur, Chennai - 600 119.

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4.The Thasildar cum Executive Magistrate Sholinganallur Thaluk office karapakkam, Chennai - 600 097.

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.. Respondents

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PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 4th respondent to take the complaint dated 08.04.2025 and amended petition dated 12.04.2025 lodged under 164 of BNSS (145 of Cr.P.C) on file and to enquire the same in accordance with law and to dispose of the same.

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For Petitioner : Mr.G.Prabhakaran

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Page 1 of 6

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

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W.P.Crl.No.167 of 2025

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For Respondents

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: Mr.K.M.D.Muhilan, Additional Public Prosecutor for R1 to R4

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ORDER

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The petition has been filed directing the 4th respondent to take the complaint dated 08.04.2025 and amended petition dated 12.04.2025 lodged under 164 of BNSS (145 of Cr.P.C) on file and to enquire the same in accordance with law and to dispose of the same.

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According to the petitioner, there is a breach of peace in respect of the immovable properties, the complaint has been given, however, the same has not taken on file by the Investigating Officer. Therefore, seeks direction.

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Heard both and perused the materials placed on record. At the outset, this Court is of the view that the very filing of the writ petition before this Court is nothing but clear abuse of process of law.

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It is relevant to extract Section 164(1) of Bharatiya Nagarik

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Suraksha Sanhita, 2023 :-

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"164. Procedure where dispute concerning land or water is likely to cause breach of peace:

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Page 2 of 6

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

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W.P.Crl.No.167 of 2025

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(1)Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute."

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Section 164 of BNSS, 2023 prescribes procedure to be followed where dispute concerning immovable property or water is likely to cause breach of peace. under Section 164(1) BNSS, 2023, the Executive Magistrate passes an order in case the Executive Magistrate is satisfied from "a report of a police officer or upon other information" that a dispute likely to cause a breach of peace exists. It is also relevant to point out that there are three fundamental requisites to maintain an order under Section 164 of BNSS, 2023 and they are, (1)there must be a report of a police officer or other information that a dispute was likely to cause breach of peace concerning the immovable property; (2) the Magistrate must be satisfied with such police report or other information that the dispute was likely to cause breach of peace; and (3) on the satisfaction of the Magistrate, he must

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Page 3 of 6

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

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W.P.Crl.No.167 of 2025

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make an order in writing stating the grounds for satisfaction in the order, under Section 164(1) of BNSS, 2023.

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In view thereof, this Court is of the view that based on the report of

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the police or any other information and only to the satisfaction of the Magistrate concerned that a dispute is likely to cause breach of peace concerning the property, the proceedings under Section 164 of BNSS could be initiated and not by mere whims and fancies of the parties seeking a general direction by way of filing this writ petition for taking the complaint under Section 164 of BNSS on the file of the fourth respondent.

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