Madras High Court
U.R.Umanatha Deekshithar vs N.Ramasamy on 10 August, 2022
Crl.R.C.No.1078 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.No.1078 of 2022
U.R.Umanatha Deekshithar ... Petitioner
Vs
1. N.Ramasamy
2. G.Senthilkumar
3. S.Anushadevi ... Respondents
Prayer: Criminal Revision Case filed under Section 397 read with 401 of
Cr.P.C, pleased set aside the judgment of the Judicial Magistrate No.II,
Chidambaram, in Crl.M.P.No.512 of 2021 order dated 20.04.2022 and
direct the learned Judicial Magistrate No.II, Chidambaram to take the
complaint on file and proceed further in accordance with law.
For Petitioner : Mr.S.Ramajayam
ORDER
This Criminal Revision Case is filed aggrieved by the order of the
learned Judicial Magistrate No.II, Chidambaram, dated 20.04.2022 in
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Crl.R.C.No.1078 of 2022
Crl.M.P.No.512 of 2021, in an by which, the prayer of the petitioner to
refer the complaint dated 18.02.2021 to the Inspector of Police, Town
Police Station, Chidambaram was rejected.
2. As far as this case is concerned, even though the prayer was to
refer the complaint under Section 156(3), the learned Magistrate proceeded
to treat the same as a private complaint under Section 200 of Cr.P.C., and
after conducted enquiry under Section 201 and 202 of Cr.P.C., in exercise
of his power under Section 203 of Cr.P.C., holding that there is no prima
facie case is made out, the learned Magistrate had dismissed the complaint.
3. A perusal of the impugned order of the learned Magistrate shows
that the only reason for dismissal of the complaint is that the petitioner
being a Trustee of a temple, has currently filed a Civil Suit to declare the
Sale Deed as Null and Void and he had suppressed the pendency of the
said Civil Suit.
4. Be that as it may, a perusal of the complaint, the gist of
allegations is that the property in question is devised as a Kattalai property,
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Crl.R.C.No.1078 of 2022
which has specific clause that it cannot be alienated and the income from
the said property has to be used to perform the Kattalai. Therefore, learned
counsel for the petitioner would submit that when the petitioner is
entrusted with the property with an obligation to put the property into use
in a particular manner, in derogation of the trust imposed on the proposed
accused, when the proposed accused had sold the property that too without
even imposing the condition of Kattalai in the Sale Deed, the same
amounts to cognizable offence punishable under Sections 406 of IPC
besides other offences.
5. In that view of the matter, the question for this Court is that
whether the suppression of the pendency of the suit is a material
suppression and in my view, even if the suit is filed for declaring the same
Sale Deed as Null and Void, still the offence can be proceeded with. In
that view of the matter, the petitioner had only prayed for referring the
complaint for investigation. I am of the view that the order of the learned
trial Court is not sustainable and the complaint can be referred to the
Inspector of Police, Anti Land Grabbing Cell, Cuddalore to conduct the
preliminary enquiry to verify those foundational facts and thereafter,
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Crl.R.C.No.1078 of 2022
proceed to register the case and investigate into the matter. Therefore, this
Criminal Revision is disposed of on the following terms:-
(i) The order of the learned Judicial Magistrate No.II, Chidambaram
dated 20.04.2022 in M.P.No.512 of 2021 is set aside.
(ii) The complaint of the petitioner dated 18.02.2021 is referred to
the Inspector of Police, Anti Land Grabbing Cell, Cuddalore with a
direction to conduct the preliminary enquiry and depending on the
outcome of the same, to register the case and investigate the matter in
accordance with law.
6. Accordingly, this Criminal Revision Case is disposed of with the
above observations.
10.08.2022
rgi
Index : yes/no
Speaking/Non-speaking order
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Crl.R.C.No.1078 of 2022
To
1. The Judicial Magistrate No.II,
Chidambaram
2. The Public Prosecutor,
High Court of Madras.
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Crl.R.C.No.1078 of 2022
D.BHARATHA CHAKRAVARTHY, J.
rgi
Crl.R.C.No.1078 of 2022
10.08.2022
https://www.mhc.tn.gov.in/judis
