J. Leena Joshi v. State Rep. by Inspector of Police, Chennai
2022-08-24
RMT.TEEKAA RAMAN
body2022
DigiLaw.ai
JUDGMENT (Prayer: Petition under Section 482 of Cr.P.C., to call for the records pertaining to the pending proceedings in S.C.No.176 of 2017 on the file of the learned Principal District and Sessions Judge, Chengalpet District and quash the same.) 1. Accused 1 and 2 are the Petitioners, who filed this Criminal Original Petition to call for the records, pertaining to the proceedings in S.C.No.176 of 2017, pending on the file of the learned Principal District and Sessions Judge, Chengalpet District and to quash the same. 2(a).The facts of the case leading to filing of this case are as follows: The complaint was given by one R.C.Elangovan, who is the Village Administrative Officer, having office at No.13, Okkiyam Duraipakkam, Sholinganalur Taluk. The allegation in the complaint is that, at about 11 AM, on 08.09.2015, on information, he went to the lands in Survey No. 405/8/A3 to an extent of 4.13.5 hectare and in Survey No. 405/8/A4 to an extent of 4.14.5 hectare, which were assigned as Manavari (Vacant land), was about to be encroached by the first Petitioner. The second Petitioner, on instruction from the first Petitioner, with the help of J.C.B Machine alleged to have caused damages to the fencing, put by the Revenue Department/the Defacto Complainant. When questioned about the act of the first Petitioner, she continued to work by levelling the entire land. Hence the Defacto Complainant, preferred a complaint before the Respondent police, which was registered in Crime. No.3024 of 2015, for the alleged offences under Section 447 of 1.P.C and Section 3 of The Tamil Nadu Property (Prevention of Damage and Loss) Act. 2(b).The Respondent police, on receipt of the complaint, investigated the same and recorded the statement of witnesses and filed a final report in P.R.C No.15 of 2017 before the learned Judicial Magistrate, Alandur. Since the case is exclusively triable by the Court of Sessions, the learned Judicial Magistrate, Alandur, committed the case in P.R.C No.15 of 2017 to the file of the learned Principal Sessions Judge, Chengalpet and the learned Principal Sessions Judge took the case on his file in SC.No. 176 of 2017. 2(c).The Petitioners along with some other members formed an Association called Tamil Nadu Private Drivers Wives Association and the same was registered with Registrar of Society in registration No.205 of 1987 on 13.07.2017. The first Petitioner/Accused herein is the President of the said association.
2(c).The Petitioners along with some other members formed an Association called Tamil Nadu Private Drivers Wives Association and the same was registered with Registrar of Society in registration No.205 of 1987 on 13.07.2017. The first Petitioner/Accused herein is the President of the said association. 2(d).According to the Petitioner, on the strength of forming an Association, the first Petitioner approached the Government of Tamil Nadu, seeking allotment of land in Survey No.405/08/A3 to an extent of 4.13.5 hectare and in Survey No. 405/8/A4 to an extent of 4.14.5 hectare for the benefit of members of Association. The Government of Tamil Nadu through Tahsildar, Saidapet, assigned the land in Survey No. 405/08/A3 to an extent of 4.13.5 hectare and in Survey No.405/8/A4 to an extent of 4.14.5 hectare, vide proceedings No.2747/88/C.3 dated 15.11.1988. 2(e).After the assignment of the above said land, the District Revenue Officer Kanchipuram. vide Ref No.2588/89/C.5 dated 05.01.1989, passed an order, allotting the subject land to the Tamil Nadu Private Drivers Wives Association, by which, the land in question was allotted to the Tamil Nadu Private Drivers Wives Association. The question of, Petitioners committing tresspass, will not arise at all, since the Tamil Nadu Private Drivers Wives Association was allotted to the land by the Government of Tamil Nadu. Some of the members of the association approached this Court by filing Writ Petition in W.P.No.9156 of 2013, and this Court granted an order of status quo on 08.04.2013 and the same is pending before this Court. 3. Learned Government Advocate would contend that Writ Petition has been disposed of and after investigation, based upon the revenue records, land was allotted to the Police Department & Metro Water Board, and revenue officials have put up fencing. The second accused, on instruction from the first accused, with the help of JCB machine, demolished the fencing, put up by the revenue department. 4. On perusal of the FIR and the charge sheet, I find that R.C.Elangovan, Village Administrative Officer, gave a complaint, alleging that the land in question, which is the Government poromboke land was in possession of the revenue department and subsequently, as per the order of the Government, it was allotted to Tamil Nadu Water and drainage Board and Tamil Nadu Police Department, and the revenue department has put up fencing.
On 08.09.2014 at about 14.35 hours, the second accused with JCB machine, bearing Regn.No.TN 20 BE 1081, demolished the fencing put up by the Revenue department. In view of the final report filed for the alleged offences under Section 447 IPC and Section 3 of TNPPDC Act and the Petitioners' association, which was unsuccessful in the Writ Petition, I do not find any merit in this case. 5. Since charge sheet has been filed based upon the revenue documents and the fact that A1 instructed A2 and caused damages to the fencing, this Court is of the considered view that, there is nothing on record to suggest that prosecution is wrongly launched upon the accused and hence, I find that report filed by the Village Administrative Officer/informant is in accordance with law. 6. Accordingly, this Criminal Original Petition is dismissed. The learned Principal District and Sessions Judge, Chengalpet District is directed to dispose of S.C.No.176 of 2017, within a period of twelve weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed.