Madras High Court
CRL RC/2279/2026 of L.Balamurali Vs The State Rep By, The Inspector of Police on 1 October 2026
CRL RC No. 2279 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-10-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 2279 of 2026
CNR: {HCMA012282912026}
L.Balamurali
... Petitioner
Vs
The Inspector of Police,
Karumalaikoodal Police Station,
Salem District.
... Respondent
Prayer : Criminal Revision Petition filed under Section 438 r/w 442 of BNSS, praying to call for the records relating to the order dated 14.08.2026 passed in Crl.M.P.No.509 of 2026 on the file of the learned Judicial Magistrate Court No.II, Mettur, Salem District, set aside and subsequently direct the 2nd respondent to register the petitioner’s complaint dated 28.04.2026 and the investigate the same in accordance with the law.
For Petitioner
: Mr.C.Deepak Kumar
For Respondent
: Mr.A.Amarnath
Additional Public Prosecutor
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ORDER
The revision challenges the dismissal of the petitioner’s application filed u/s 175(3) of BNSS, 2023 seeking registration of an FIR on his complaint.
CRL RC No. 2279 of 2026
2. It is the case of the petitioner that the proposed accused had trespassed into the land, which is classified as Government Poromboke land and had laid a road, without any authority and therefore, they had committed the offence of criminal trespass, cheating and other related offences.
3. The learned Magistrate held that the allegations do not attract any cognisable offence; and found that the road said to have been laid by the proposed accused is used by the general public and if there is any trespass or illegal encroachment, it is for the government authorities or the petitioner to seek appropriate remedy before the civil court.
4. The learned counsel for the petitioner would submit that the allegations attract cognizable offences inasmuch as the proposed accused had committed criminal trespass and also had committed the offence of cheating against the government.
5. Mr.A.Amarnath, learned Additional Public Prosecutor appearing for the respondent, per contra, justified the impugned order.
CRL RC No. 2279 of 2026
6. It is seen that the only allegation made by the petitioner is that the proposed accused had trespassed into a land said to be belonging to the Government and has laid a road. The learned Magistrate found that the road is now being used by the general public. Even assuming that the proposed accused have encroached upon the government land, the offence of criminal trespass would not be made out. The offence of cheating also would not be made out as there is no allegation that any representation was made by the proposed accused to anyone to deceive them to deliver any property. Therefore, the finding of the learned Magistrate that it is for the petitioner to approach the civil court cannot be faulted.
7. Hence, the Criminal Revision Case is dismissed. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sp To
1. The Judicial Magistrate Court No.II, Mettur, Salem.
2. The Inspector of Police, Karumalaikoodal Police Station, Salem District.
CRL RC No. 2279 of 2026
SUNDER MOHAN, J. sp CRL RC No. 2279 of 2026 01-10-2026