Sudhir Kumar Surana Chairman v. Saffron Heights Owners Welfare

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.20904 of 2015 and M.P.No.1 of 2015 1.Sudhir Kumar Surana, Chairman, Amar Prakaash Developers Pvt. Ltd., No.42, Rajendra Prasad Road, Nehru Nagar, Chrompet, Chennai - 600 044.

2.Amar Prakaash Developers Pvt. Ltd., Represented by its Authorised Signatory, Mr.M.Ramesh, Having its office at No.42, Rajendra Prasad Road, Nehru Nagar, Chrompet, Chennai - 600 044.

.. Petitioner Vs 1.Saffron Heights Owner's Welfare Association. Rep. By its Secretary Mr.Ramalingam Rathinam, Having its office at Pallava Garden, 3rd Main Road, Thiurthani Nagar, Zamin Pallavaram, Chennai - 600 117.

2.The State of Tamil Nadu, Rep. By the Inspector of Police, L & O S-5, Pallavaram Police Station, Chennai District.

3.The Asst. Commissioner of Police, Pallavaram Range, Chennai.

4.The Joint Commissioner of Police, South Zone, St. Thomas Mound, Chennai.

5.The Commissioner of Police, Police Commissioner Office, Egmore, Chennai - 600 008.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.42 of 2015 now pending on the file of the learned Judicial Magistrate, Tambaram and quash the same. For Petitioners : Mr.M.Kamalanathan For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

ORDER

This petition is filed to quash the proceedings in C.C.No.42 of 2015 on the file of the learned Judicial Magistrate, Tambaram.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondents.

3. It is seen that the petitioner is challenging the private complaint filed by the respondent for the offences under Sections 339, 441, 503 r/w Section 506(ii) IPC. The case of the complainant is that the accused are Flat Promoters and that they have locked the club house and have taken illegal possession of it. While so, the complainant lodged a private complainant in C.C.No.42 of 2015 before the learned Judicial Magistrate, Tambaram, who has taken cognizance of the offences and summons have been issued to the accused. It appears that the accused did not even appear once before the learned Judicial Magistrate, Tambaram and they have come for quashing this prosecution straight away.

4. On a reading of the complaint, there is prima facie materials to show that the offences have been committed by the accused herein and therefore, the prosecution cannot be quashed at such an early stage. Since it is a private complaint, after examination of the prosecution witnesses, if there is no case made out, the accused will be discharged under Section 244 Cr.P.C. If the accused does not appear before the trial Court, the learned Judicial Magistrate, Tambaram shall issue Non Bailable Warrant against the accused for securing their presence.

5. In the result, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar vsm

To

1. The Judicial Magistrate Tambaram

2. The Inspector of Police (L &O) S.5. Pallavaram Police Station, Chennai

3. The Assistant Commissioner of Police Pallavaram Range, Chennai

4. The Joint Commissioner of Police South Zone St. Thomas Mount, Chennai

5. The Commissioner of Police Egmore, Chennai-08 6.The Public Prosecutor, High Court, Madras.

Crl.OP No.20904 of 2015 RSI (CO) kk 10/9