Crl.RC.No.763 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.08.2025 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.RC.No.763 of 2025 C.Pandian ... Petitioner Vs. 1.The Inspector of Police, District Crime Branch Police Station, Anti Land Grabbing Cell, Tirupattur, Tirupattur District. 2.The Superindent of Police, Tirupattur, Tirupattur District. 3.M.Gemini (S/o.Muthu) Door No.158, Natrampatti Taluk, Mallapalli Village, Vellore District. ... Respondents (R3 impleaded as per order dated 14.07.2025 in Crl.M.P.No.13758 of 2025 in Crl.R.C.No.763 of 2025) PRAYER: Criminal Revision Petition filed under Section 438 R/w.442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to set aside the order dated 10.02.2025 passed by the learned Judicial Magistrate-I, Tirupattur, Tirupattur District in CMP.No.9035 of 2024 and consequently direct the 1st respondent to register FIR. 1/5 https://www.mhc.tn.gov.in/judis Crl.RC.No.763 of 2025 For Petitioner : Mr.S.Praveennath For R1 & R2 : Mr.A.Gopinath Government Advocate (Crl.Side) For R3 : Notice served.(No appearance) ORDER This Criminal Revision Petition has been filed challenging the order dated 10.02.2025 passed in CMP.No.9035 of 2024 on the file of the Judicial Magistrate-I, Tirupattur, Tirupattur District, thereby dismissed the petition filed under section 175(3) of BNSS, seeking a direction for registration of an FIR. 2. The petitioner lodged a complaint alleging that as per the final decree passed by the Court, the petitioner and his family members partitioned their property comprised in Survey No.1087/1, situated at Kothur Village, Tirupathur District. While so, on 22.07.2024, the 3rd respondent along with rowdy elements came to the property with deadly weapons and completely damaged the fence with a tractor. Therefore, the petitioner lodged a complaint. 3.On verification, the petitioner also came to understand that the 3rd 2/5 https://www.mhc.tn.gov.in/judis Crl.RC.No.763 of 2025 respondent had purchased the subject property from one Krishnan, who had no title over the property. After this purchase, the 3rd respondent also filed Civil Suit in O.S.No.113/2018, which is pending on the file of the sub Court, Tiruppur. Therefore, the allegations made in the complaint have prima facie case to register an FIR. However, the trail Court without considering these allegations, simply dismissed the case, stating that the civil suit is pending and as such all the allegations are civil in nature. 4. Heard the learned counsel for the petitioner and learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 and perused the materials available on record. 5. In view of the above discussions, this Court is of the considered opinion that the impugned order in this revision cannot be sustained and is liable to be set aside. Accordingly, the order dated 10.02.2025 passed in C.M.P.No.9035 of 2024 by the Judicial Magistrate-I, Tirupattur District, is hereby set aside. The first respondent is directed to register the FIR forthwith as against the accused and proceed with the investigation in accordance with law. 6. In the result, this Criminal Revision Case stands allowed. 3/5 https://www.mhc.tn.gov.in/judis Crl.RC.No.763 of 2025 12.08.2025 mpa To 1. Judicial Magistrate-I, Tirupattur, Tirupattur District 2.The Inspector of Police, District Crime Branch Police Station, Anti Land Grabbing Cell, Tirupattur, Tirupattur District. 3.The Superindent of Police, Tirupattur, Tirupattur District. 4.The Public Prosecutor, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.RC.No.763 of 2025 G.K.ILANTHIRAIYAN, J. mpa Crl.RC.No.763 of 2025 12.08.2025 5/5 https://www.mhc.tn.gov.in/judis