IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.11 of 2017 Rajendran ... Petitioner Vs The State, rep by The Deputy Superintendent of Police, Special Cell for Anti Land Grabbing, Nagapattinam. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police not to harass the petitioner either by compelling the petitioner to cancel the sale agreement dated 10.8.2014 or otherwise.
For Petitioner : Mr.J.Srinivas For respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed seeking a direction to the respondent police not to harass the petitioner either by compelling him to cancel the sale agreement dated 10.8.2014 or otherwise.
2. Learned counsel appearing for the petitioner submitted that with regard to the sale agreement dated 10.8.2014 entered into between the petitioner and one Arumugam, there is a property dispute between the petitioner and one Kamatchi and Rajalakshmi, pursuant to which, the said Kamatchi and Rajalakshmi lodged a false complaint as against the petitioner on the allegation of land grabbing. Based on the said complaint, under the guise of enquiry, the respondent police is continuously harassing the petitioner and compelling the petitioner to cancel the sale agreement dated 10.8.2014. Hence, the petition.
3. On the other hand, learned Additional Public Prosecutor submitted that on the basis of the complaint given by the de facto complainant alleging that by creating fraudulent documents, fraudulent transaction was sought to be made by the petitioner, the respondent police is conducting enquiry and hence, the petitioner is required for enquiry and there is no such harassment as alleged by the petitioner. Further, the learned Additional Public Prosecutor submitted that the petitioner is required to cooperate with the police authorities with regard to the investigation to be conducted.
4. Considering the facts and circumstances of the case and since the matter is civil in nature, the respondent police is directed to conduct an enquiry on 9.1.2017, on which date, necessary enquiry be completed. The respondent police is also directed to communicate the date of the enquiry to the petitioner as well as the de facto Special Cell for Anti Land Grabbing, Nagapattinam.
2.The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.11 of 2017 DATED: 4.1.2017