Madras High Court
CRL RC/2058/2026 of S.Kalanidhi Vs Meganathan Singaram on 24 September 2026
CRL RC No. 2058 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 2058 of 2026
CNR: {HCMA012018862026}
S.Kalanidhi
..Petitioner(s)
Vs
1. Meganathan Singaram
2. Unknown persons
(about 10 in number) Identity not presently known to the complainant, who acted in furtherance of common intention along with Accused No.1 and are identifiable from Video/Photographic Evidence)
3. The State Rep. by,
The Inspector of Police (Law and Order), T-15, Kannagi Nagar Police Station, Okkiyam Thoraipakkam, Chennai.
..Respondent(s)
PRAYER: Criminal Revision Petition is filed under Sections 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to a) call for the records pertaining to Crl.M.P.No.289 of 2026 on the file of the learned District Munsif-cum- Judicial Magistrate, Sholinganallur b.) to set aside the Impugned order dated 19.06.2026 passed by the learned District Munsif Cum Judicial Magisrate, Sholinganallur in Crl.M.P.No.289 of 2026, c) to direct the Jurisdictional Police to register an FIR on the basis of the petitioner’s complaint dated 07.03.2026
and conduct a fair and proper investigation in accordance with law, including
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CRL RC No. 2058 of 2026
the identification of the unidentified persons and ascertainment of their respective roles in the alleged offences, and take appropriate action against all persons found involved in accordance with law.
For Petitioner(s):
Mr.G.Irfan
For Respondent(s):
Mr.A.Amarnath,
Additional Public Prosecutor
High Court Madras R3
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ORDER
This Criminal Revision Case challenges the dismissal of the petition filed by the petitioner under Section 175(3) of BNSS seeking a direction to register a First Information Report.
2. It is the case of the petitioner that he is the absolute owner of the house property situated in Survey No.291/1B2 at Thoraipakkam Village. The proposed accused is the owner of the adjacent property situated in Survey No.291/1B1B on the western side. The petitioner alleges that the proposed accused are in the habit of encroaching upon the petitioner’s land. On 25.07.2014, an FIR was registered in Crime No.175 of 2014 against the proposed accused and his father for attempting to encroach into the land of the petitioner. Thereafter, the petitioner’s father filed a suit in O.S.No.445 of 2014 before the Additional District Munsif Court, Alandur, seeking permanent injunction and the same was decreed by a judgment dated 27.06.2022; that even
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CRL RC No. 2058 of 2026
thereafter, the proposed accused are attempting to encroach into the land and have also threatened the petitioner with dire consequences. The respondent police refused to register a First Information Report against the proposed accused since the allegations predominantly disclose a dispute of a civil nature. The petitioner filed a petition under Section 175(3) of BNSS seeking registration of FIR which came to be dismissed by the impugned order.
3. The learned Magistrate, after considering the averments made in the petition, found that the allegations are predominantly civil in nature and noted that if the proposed accused had violated the decree passed in the civil Court, it is open to the petitioner to seek appropriate remedy before the competent civil Court.
4. This Court is of the view that there is no infirmity in the order passed by the learned Magistrate refusing to issue a direction to register the First Information Report. Accordingly, this Criminal Revision Case stands dismissed. 24-09-2026 Neutral Citation: Yes/No ham
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CRL RC No. 2058 of 2026
To
1. The District Munsif-cum-Judicial Magistrate, Sholinganallur.
2. The Inspector of Police (Law and Order), T-15, Kannagi Nagar Police Station, Okkiyam Thoraipakkam, Chennai.
3. The Public Prosecutor, High Court of Madras.
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CRL RC No. 2058 of 2026
SUNDER MOHAN, J. ham CRL RC No. 2058 of 2026 24-09-2026
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