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D Krishnamoorthy / vs Rangaswamy Pillai And Others

Madras High Court|06 June, 2017
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JUDGMENT / ORDER

Challenging the order dismissing the petitioner's private complaint filed under Section 203 Cr.P.C, the present Criminal revision has been filed.
2. The petitioner filed a private complaint against the respondent on the ground that the petitioner has purchased a house site from one Sundaraj. Likewise, the respondents herein also purchased some house site opposite to the petitioner's house site. While purchasing the property, the respondents had given some wrong description regarding the road running between their house sites with malafide intention to encroach the petitioner's property and the first respondent had executed a settlement deed in favour of the second respondent. Hence, the petitioner had filed a private complaint, and the Court below dismissed the complaint stating that it is only a civil dispute between the parties and it cannot be construed as an attempt to encroach the petitioner's property. Challenging the same, the present revision has been filed.
3. I have heard the learned counsel appearing for the petitioner and perused the materials available on record carefully.
4. It is purely civil dispute pending between the parties. If the petitioner has any grievance regarding the boundaries mentioned in the deeds, the petitioner can seek remedy before appropriate forum, and he cannot give a criminal colour to the civil dispute and file a private complaint. The Court below after considering the complaint and sworn statement rightly dismissed the complaint and I find no illegality or irregularity in the order passed by the Court below.
5. With the above observation, this Criminal Revision Case is dismissed.
06.06.2017 mrp To The Judicial Magistrate No.II, Poonamallee.
V.BHARATHIDASAN, J.
mrp
Crl.R.C.No.714 of 2017
06.06.2017 http://www.judis.nic.in
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Title

D Krishnamoorthy / vs Rangaswamy Pillai And Others

Court

Madras High Court

JudgmentDate
06 June, 2017
Judges
  • V Bharathidasan