Kuna Krishnaurthy And 5 Others v. State Of Ts And 2 Others

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.36766 of 2016 ORDER:

The writ petition is filed by the petitioners seeking a writ of mandamus declaring the action of the respondents in registering the case in crime No.213 of 2016 on the file of the third respondent as illegal and arbitrary, and consequently to quash the same.

Heard and perused the material.

Learned counsel for the petitioners submits that the complaint is lodged in 2016 alleging that the sale deed executed in the year 2011 is by way of coercion and compulsion and as such, he prays this Court to quash the same.

Considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings at the threshold. However, taking into consideration the fact that the complaint is lodged alleging that the sale deed is executed by way of coercion pertains to the year 2011, the third respondent is directed to complete the investigation without arresting the petitioners and file final report, if any, in accordance with law. The petitioners are also directed to appear before the investigating agency as and when required.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 31.10.2016 pln