Madras High Court
S.Peter Raj vs Xavier on 17 March, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.R.C.(MD) No.117 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.(MD)No.117 of 2022
S.Peter Raj ... Petitioner
Vs.
1. Xavier
2. A.Antony Raj
3. Sr.Flora Joseph
4. Fr.Joseph Kennady
5. The Sub Inspector of Police,
Vijayanarayanam Police Station,
Tirunelveli District. ... Respondents
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of
Criminal Procedure Code, to call for the records and set aside the order passed in
Cr.M.P No. 757 of 2021 dated 11.11.2021 on the file of the Judicial Magistrate,
Nanguneri and to direct the fifth respondent police to register the FIR.
1/4
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD) No.117 of 2022
For Petitioner : Mr.I.Robert Chandrakumar
For Respondents : Mrs.M.Aasha
Government Advocate (Criminal Side)
for R.5
Mr.R.Karunanidhi for R.1 to R.4
ORDER
This petition has been filed as against the order passed in Cr.M.P.No. 757 of 2021, dated 11.11.2021 on the file of the Judicial Magistrate, Nanguneri and to direct the fifth respondent police to register the FIR.
2. On a perusal of the complaint lodged by the petitioner revealed that the respondents 1 to 4 are the members in M/S. Maria Grace Rural Educational Society. They filed a suit before the District Munsif Court, Nanguneri in O.S.No. 155 of 2003 and the same was disposed of on 07.09.2006. The original land documents of the said Society were filed in the suit and it was not received from the Court.
3. While being so, the respondents 1 to 4 with an evil intention to sell the society land at lower price, had falsely issued an advertisement on 15.06.2017 in newspaper stating that those land documents were missing. Further alleged that 2/4 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.117 of 2022 the documents were missing even after if the knowledge about the deposit of the documents before the Civil Court.
4. On a perusal of entire allegations, no offence is made out and as if the Court below rightly dismiss the petition. Therefore, this Court finds no infirmity or illegality in the order passed by the Court below.
5. Accordingly, this Criminal Revision Case is dismissed.
17.03.2022
Index : Yes/No
Internet : Yes/No
mga
To:-
1. The Sub Inspector of Police,
Vijayanarayanam Police Station,
Tirunelveli District.
2. The Judicial Magistrate,
Nanguneri.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3/4 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.117 of 2022 G.K.ILANTHIRAIYAN.J mga Crl.R.C.(MD)No.117 of 2022 17.03.2022 4/4 https://www.mhc.tn.gov.in/judis