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Madras High CourtCRL OP/4573/2017disposed of

A.Savitha, Aged 48 Years, v. State Rep. By ,

2017-03-22Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.4573 of 2017 A.Savitha

...Petitioner

Vs State rep.by Inspector of Police, J.J.Nagar Police Station, Chennai-600 037.

...Respondent

Petition filed under Section 482 of the Criminal Procedure Code, to direct the respondent not to interfere with the petitioner's peaceful running of the business situated at No.40/1, Spartan Nagar 2nd Street, Mogappair, Chennai-600 037. For Petitioner : Mr.V.V.Sairam For Respondent : Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent not to interfere with the petitioner's peaceful running of the business situated at No.40/1, Spartan Nagar 2nd Street, Mogappair, Chennai-600 037.

2. The case of the petitioner is that the petitioner is the Director of M/s.KNR Realty Properties Private Limited and is doing Real estate business. While so, one Sethuraman of West Mambalam entered into an agreement with the petitioner's Company for selling his property. The said Sethuraman along with one Selvam, who was ex-employee of the petitioner and who was dismissed for his anti-company activities, with ulterior motives, joined together and instigated the intending purchaser by name Narmada to cancel the agreement and directed her to give a false complaint against the petitioner's Company. In such circumstances, the petitioner had filed Crl.O.P.No.26058 of 2016 praying not to harass. This Court, by order dated 02.12.2016, https://hcservices.ecourts.gov.in/hcservices/

directed the petitioner to attend the enquiry, as and when required by the respondent police. However, contrary to the said direction, the respondent police along with others entered with the petitioner's company on 10.12.2016 and ransacked all the materials and attacked their employees and evicted the petitioner and lock the Company premises. Therefore, the petitioner is before this Court with the present petition.

3. The learned Additional Public Prosecutor, on instructions, submitted that there was no such harassment caused by the respondent police, particularly J.J.Nagar Police Station as alleged by the petitioner. Learned Additional Public Prosecutor further submitted that there were 27 different complaints for the offence of cheating in the real estate business dealings and the same are now taken up for further investigation by C.C.B.

4. In view of the submission so made by the learned Additional Public Prosecutor, there shall be a direction to the petitioner to co-operate with the respondent police for enquiry. It is always open to the respondent police to proceed with the investigation in accordance with law.

5.The Criminal Original Petition is disposed of accordingly.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, J.J.Nagar Police Station, Chennai-600 037.

2.The Public Prosecutor, Madras High Court, Chennai-600 104.

+1cc to M/S. V.V. Sairam, Advocate Sr. 17810 Crl.O.P.No.4573 of 2017 MP(CO) VR(28/03/2017) https://hcservices.ecourts.gov.in/hcservices/