Madras High Court
Jayapal vs R.Meenachi Sundaram on 25 October, 2019
Author: P.N. Prakash
Bench: P.N.Prakash
Crl.R.C.No.754 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 21.10.2019
PRONOUNCED ON : 25.10.2019
CORAM:
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
Crl.R.C.No.754 of 2013
Jayapal,
S/o.Ganapathi,
5, Yahusain Palli Street,
Nagapattinam Police limit. .. Petitioner/Complainant
Vs.
1. R.Meenachi Sundaram
2. S.Vinayak
3. F.V.Jerald
4. S.R.Anbalagan
5. R.Krishnamoorthy
6. K.R.Sabarathinam
7. Karthik
8. P.S.Jayaraman (died)
9. P.S.Rajeshwaran
10. K.Balu
11. V.Vijayakumar
12. V.Senthil Kumar .. Respondents/Accused
http://www.judis.nic.in
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Crl.R.C.No.754 of 2013
Criminal Revision filed under Section 397 r/w 401 Cr.P.C., to set
aside the order dated 10.03.2010 passed in C.C.No.30 of 2008 on the
file of the Judicial Magistrate Court No.I, Nagapattinam.
For Petitioner : Jayapal – Party in Person
ORDER
This criminal revision has been filed seeking to set aside the order dated 10.03.2010 passed in C.C.No.30 of 2008 on the file of the Judicial Magistrate Court No.I, Nagapattinam.
2. For the sake of convenience, the petitioner and the respondents will be referred to as complainant and accused, respectively.
3. The precis of the facts is as under:
3.1 It is the case of the complainant that he was in occupation of the lands belonging to a temple in Survey Nos.436 and 439 in Pandareegakulam, North Bank Street and had built a house thereon.
Meenachi Sundaram (A1) filed a suit in O.S.No.202 of 1985 before the District Munsif Court, Nagapattinam, against the temple and three others for declaration and injunction and obtained a decree in respect of the land in Survey No.436. Since Meenachi Sundaram (A1) was not able to execute the decree, he filed another suit in O.S.No.260 of 1998 before the District Munsif Court, Nagapattinam, in which, the http://www.judis.nic.in 2/6 Crl.R.C.No.754 of 2013 complainant was shown as defendant. The complainant had the suit transferred from the file of the District Munsif Court, Nagapattinam, to the file of the District Court, Nagapattinam and the suit was re- numbered as O.S.No.76 of 1998, which ended in favour of Meenachi Sundaram (A1) and against the complainant.
3.2 Meenachi Sundaram (A1) initiated an execution proceedings in E.P.No.42 of 2005, in which, he included the property in Survey No.439 also, though the decree was passed only in respect of the land in Survey No.436.
3.3 It is the specific case of the complainant that on 07.02.2006, the bailiff took possession of the house in Survey No.436 and on the next day i.e., on 08.02.2006, all the accused took possession of the house in Survey No.439 also.
3.4 On these allegations, the complainant filed a private complaint in Crl.M.P.No.2618 of 2007 before the Judicial Magistrate No.I, Nagapattinam, against twelve accused including the advocate, who appeared for Meenachi Sundaram (A1). The said petition was dismissed at the threshold on 01.10.2007, aggrieved by which, the complainant filed Crl.R.C.No.61 of 2008, in which, this Court issued the following directions on 25.02.2008:
http://www.judis.nic.in 3/6 Crl.R.C.No.754 of 2013 “6. In view of the above, the impugned order passed by the learned Judicial Magistrate No.I, Nagapattinam in Crl.M.P.No.2618 of 2007 dated 01.10.2007 stands set aside and he is directed to consider afresh the evidence on record let in on the side of the complainant in the light of the above directions of this Court and pass an order in accordance with law. The Criminal Revision Case stands ordered accordingly.” 3.5 Pursuant to the aforesaid directions, the learned Judicial Magistrate No.I, Nagapattinam, took the private complaint on file as C.C.No.30 of 2008 and directed the complainant to examine his witnesses. The complainant examined two witnesses viz., Farook (PW1) and Balusamy (PW2). Thereafter, the trial Court discharged the accused under Section 245 (1) Cr.P.C., aggrieved by which, the complainant has preferred the present revision under Section 397 r/w 401 Cr.P.C.
4. Heard Jayapal, the complainant herein who appeared as party-
in-person. Notice has not been served on the respondents.
5. The complainant submitted that despite the order dated 25.02.2008 passed by this Court in Crl.R.C.No.61 of 2008, the trial Court has not dealt with the case in the proper manner and has illegally discharged the accused.
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6. This Court gave its anxious consideration to the submission made by the complainant.
7. Pursuant to the order dated 25.02.2008 passed in Crl.R.C.No.61 of 2008, the trial Court had given an opportunity to the complainant to adduce evidence under Section 244 Cr.P.C. As stated above, the complainant examined two witnesses and after considering their evidence, the trial Court had thought it fit to discharge the accused by holding that there was no prima facie evidence to frame charges against the accused for the offences under Sections 294-B, 120-B, 147, 148, 506 (II) and 452 IPC and discharged them under Section 245 (1) Cr.P.C.
8. This Court does not find any infirmity in the order passed by the trial Court, warranting interference, inasmuch as the grievance of the complainant is that while executing the decree, the accused had taken possession of the property in Survey No.439 also. Even according to the complainant, the lands in Survey Nos.436 & 439 belong to the temple and he had constructed the house spread over both the Survey numbers. Thus, possession had been taken of the entire property that was spread over the lands in Survey Nos.436 and 439, for which, a criminal prosecution against the advocates is not the remedy. The remedy to the complainant is before the Execution Court. http://www.judis.nic.in 5/6 Crl.R.C.No.754 of 2013 P.N. PRAKASH, J.
nsd In view of the foregoing discussion, this criminal revision is dismissed as being devoid of merits.
25.10.2019 nsd To The Judicial Magistrate No.I, Nagapattinam.
Note: The Registry shall inform Jayapal, the complainant herein, over his mobile No.9488217256, by sending SMS.
Pre-delivery order in Crl.R.C.No.754 of 2013 http://www.judis.nic.in 6/6