Nedunchezhiyan vs The Revenue Divisional ...
2022 Latest Caselaw 9805 Mad

                                                                                      Crl.R.C.No.138 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 10.06.2022

                                                           CORAM :

                        THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                  Crl.R.C.No.138 of 2022

                    1. Nedunchezhiyan
                    2. Thamayanthi                                                 .. Petitioners

                                                             Versus

                    1. The Revenue Divisional Officer-cum-
                       Sub Divisional Executive Magistrate,
                       Chidambaram, Cuddalore District.

                    2. Moorthy
                    3. Shanthi                                  .. Respondents

                    Prayer: Criminal Revision Case is filed under Section 397 r/w 401 of
                    Cr.P.C., to call for the records relating to order, dated 03.01.2022 passed in
                    Na.Ka.No.A3/4770/2021 on the file of the 1st respondent-Revenue
                    Divisional         Officer-cum-Sub        Divisional       Executive     Magistrate,
                    Chidambaram, Cuddalore District and set aside the same as illegal and
                    allow the Criminal Revision Petition.



                                     For Petitioners      : Mr.R.Venkatesulu

                                     For Respondent : Mr.S.Vinoth Kumar
                                                 Government Advocate (Crl. Side)
                                                 for R1
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                                  Crl.R.C.No.138 of 2022




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                                                                                      Crl.R.C.No.138 of 2022




                                                      ORDER

This Revision is filed challenging the impugned order, dated

03.01.2022 passed by the first respondent in exercise of powers under

Section 145 of Code of Criminal Procedure.

2. It is seen from the records that there was earlier civil proceedings

between the parties, whereby, the petitioners filed a suit for permanent

injunction, which was dismissed and the first appeal, having been

dismissed, they approached this Court by way of Second Appeal No.906 of

2009. By a judgment, dated 06.09.2019, this Court had held that the

possession claimed by the petitioners on the strength of unregistered

usufructuary mortgage cannot be a legal possession and held it to be an

illegal possession and refused the order of injunction.

3. Therefore, it is clear that the petitioners are in defacto possession of

the property. The respondents, however, cannot resort to their eviction by

way of Section 145 of Cr.P.C., proceedings and the impugned order is

passed restraining the petitioners from entering into the property. Therefore,

to that extent, the exercise of power by the first respondent is unsustainable

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Crl.R.C.No.138 of 2022

and the proper remedy available to the respondents 2 and 3 is to file a Civil

Suit and get the petitioners evicted.

4. In that view of the matter, this Criminal Revision Case is allowed

and the impugned order passed by the first respondent, dated 03.01.2022 is

set aside. However, the respondents 2 and 3 shall workout their remedy to

evict the petitioners in the manner known to law. Consequently,

Crl.M.P.No.1286 of 2022 is closed.

10.06.2022 Index : yes/no Speaking/Non-speaking order grs

To

1. The Revenue Divisional Officer-cum- Sub Divisional Executive Magistrate, Chidambaram, Cuddalore District.

2. The Public Prosecutor, High Court of Madras.

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Crl.R.C.No.138 of 2022

D.BHARATHA CHAKRAVARTHY, J.,

grs

Crl.R.C.No.138 of 2022

10.06.2022

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