Indian Kanoon - Search engine for Indian Law

This Criminal Original petition has been filed under Section 482 Cr.P.C. seeking for to call for the records relating to the C.C.No.58 of 2015 on the file of the Judicial Magistrate-II, Attur, registered under Sections 147, 148, 447, 323, 324 and 326 of IPC and quash the same.

2. The case of the prosecution is that the respondent/complainant bought the land from one Perumal who is brother of Pichannan/6th petitioner herein in which common well owned to the 6th petitioner herein and perumal, which resulted in enmity between the respondent/complainant and 6th petitioner herein. On 24.12.2013 at 11.30 a.m. while the respondent/complainant had removed unwanted trees and hazards from his land, the petitioners 1 to 4 proceeded to switch off the Motor. when the same was questioned by the respondent/complainant, the petitioners 1 to 5 have attacked the respondent/complainant herein and threatened him having with dangerous weapons. After the said incident, the respondent/complainant was admitted to the Salem Government Hospital. The Inspector of Police had obtained statement from the respondent and filed a case against the https://www.mhc.tn.gov.in/judis/ petitioners under Sections 147, 148, 323, 324 and 506(ii) of IPC in Crime No.603 of 2013 on the file of the Inspector of Police, Thalaivasal Police Station. Hence, this Criminal Original petitioner has been filed to quash the complaint in C.C. No.58 of 2015 on the file of the Judicial Magistrate-II, Attur.

3.The learned Counsel appearing for the petitioners would submit that the land comprising in Survey No.5/1 measuring 3 acres belonged to one Perumal and 6th petitioner herein who are brothers. The respondent's husband Ponnuvel bought the share of Perumal measuring one acres. However, the Well is common for Perumal and 6th petitioner herein, wherein 3rd petitioner who is the purchaser of land of the 6th petitioner herein got right over in the land and her share in the well. The respondent who is the purchaser of Perumal's land became the right over the land and also in the common well. Though the 6th petitioner sold the land to the 3rd petitioner, he continued to living there in the small hut. On 24.12.2013, the complainant and her associates entered into the 3rd petitioner's property and proceeded to close the ever since water passage which is access from common well to the 6th petitioner herein while the https://www.mhc.tn.gov.in/judis/ same was questioned by the petitioners herein, the respondent and her henchmen attacked the petitioners. The petitioners were brought into 108 Ambulance and taken to the Hospital for treatment. It is pertinent to note that the occurrence was taken place on 24.12.2013 at 11.30 a.m in which the petitioners were attacked by the respondent and her henchmen. The Police personnel attached to Thalaivasal Police Station had obtained statement from the 3rd petitioner herein on 25.12.2013 at 10.30 am. Thereafter, a case has been registered against the respondent and others who have attacked the petitioners herein under Sections 324, 323, 506(ii) r/w. 3(1)(x) of SC/ST Act.

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

5. The learned counsel appearing for the respondent would submit that there are two suits are pending with regard to the suit common well was situated in the land in question. The dispute will come to an end after disposing of the suit filed by each other. Further, the interim temporary injunction has been granted in favour of the 6th petitioner herein in I.A. No.638 of 2003 in O.S. No.204 of 2003 which is pending before the Trial Court. The dispute had arisen due to purchase of part of land owned by the family members wherein the common well is situated in which here the respondent and the petitioners are trying to take water from there.

The above judgments are squarely applicable to this case and as such, the points raised by the petitioner cannot be considered by this Court under Section 482 Cr.P.C.

10. The land comprising in Survey No.5/1 measuring 3 acres belonged to Pichannan and Perumal. The husband of the respondent has purchaed the share of perumal and third petitioner herein has purchased the share of the Pichannan. The common well is situated in the aforesaid land which is being used for irrigation. Under these circumstances, while taking the water from the suit common well, the petitioners and the respondent fought each other in the usage of the water from the common well. In this regard, two suits have been filed and the same are pending before the Trial Court. However, the points raised by the petitioners https://www.mhc.tn.gov.in/judis/ cannot be considered by this Court under Section 482 Cr.P.C.