E.Ponnan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN E.Ponnan ... Petitioner Vs.

The State rep.by The Inspector of Police ( Crime Branch), Pallavaram Police Station, Pallavaram, Chennai.600 043.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondent not to harass the petitioner and his family.

For Petitioner : Ms.B.Jeyanthi For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

A complaint by the brother-in-law alleging land grabbing is pending for enquiry for more than a year. The petitioner, who is the accused in the complaint, has filed the present Criminal Original Petition under Section 482 Cr.P.C., stating that the land he purchased from his 1/4

brother-in-law in the year 2004, been appointed his sister Vanitha as Power Agent who is non other than the wife of the petitioner, now been given a colour of land grabbing.

2.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that on the complaint given by one Prabakaran, who is the brother-in-law of the petitioner. The petitioner herein was summoned to appear and participate in the enquiry. Instead he has sent a notice through Advocate and not cooperated with the enquiry. Unless and until the petitioner cooperate with the enquiry and produced documents of the property which was purchased after payment of due sale consideration and no criminality is made out in the complaint, the police will not be able to proceed with the complaint. 3.

In the light of the above fact, this Court is of the view that the petitioner who claims bonafide purchaser of the property from his brother-in-law and his wife as a Power Agent and the matter is shredded with suspicion. Ttherefore, thorough investigation is required. Without participating in the investigation, the petitioner cannot stay away in the 2/4

investigation and say that the police is harassing. For more than one year, the petitioner is evading the investigation. The respondent police shall take note of it and act appropriately in accordance with law. 4.

With the above observation, this Criminal Original Petition is dismissed.

16.04.2024 Index : Yes/No rpl To

1. The Inspector of Police ( Crime Branch), Pallavaram Police Station, Pallavaram, Chennai.600 043.

2.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

rpl 16.04.2024 4/4