T.H. Rajmohan v. The State, The Assistant

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27042 of 2015 T.H.Rajmohan ... Petitioner Vs The State rep. By The Assistant Commissioner of Police, Avadi Range, Avadi, Chennai.

(Crime No.Not known of 2015) ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent not to harass the petitioner in respect of Crime No.Not known of 2015 on the file of the respondent police.

For Petitioner :

Mr.S.Gunalan For respondent :

Mr.C.Emalias, Addl.Public Prosecutor.

O R D E R

This petition has been filed to direct the respondent not to harass the petitioner in respect of Crime No.Not known of 2015 on the file of the respondent police.

2. The case of the petitioner is that the property measuring an extent of 62 cents belongs to one P.T.S.Manian, M.Balan and A.Raji and they derived title to the property through their grand mother Deivanaiammal and the three successors in title executed Power of Attorney in favour of the petitioner and the petitioner sold the property to M/s.Suguna, Rukmani and Jayaraman by three different sale deeds. While so, one Jeeva filed a suit in O.S.No.316/2006 before the District Musnif cum Judicial Magistrate, Abmattur for declaration and injunction in respect of the said property and an interim injunction was granted on 04.08.2006. In this circumstances,the said Balan had lodged a complaint against the petitioner before Thirumulaivoyal https://hcservices.ecourts.gov.in/hcservices/

Police Station and the petitioner filed an anticipatorty bail application but the same was closed as no complaint was registered. But the respondent police are frequently calling the petitioner and harassing him. Hence, the present petition.

3. Learned Additional Public Prosecutor submitted that it is incorrect to state that the respondent police is harassing the petitioner. Since a complaint was lodged by the said Balan, only for the purpose of enquiry, the respondent police is calling the petitioner. He further submitted that in the enquiry, the petitioner has agreed to return certain documents to Balan and he has also given a letter to that effect.

4. Considering the factual aspects of the case, without going into the merits and demerits of the contentions raised on either side, this Court is constrained to pass the following order:- (i) The petitioner is directed to cooperate with the enquiry.

(ii) The respondent police is directed to conduct the enquiry in accordance with law, without harassing the petitioner.

5. The criminal original petition is disposed of accordingly.

vsi s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The Assistant Commissioner of Police, Avadi Range, Avadi, Chennai.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.S.Gunalan, Advocate SR 62769 ca(co) prk15/12 Crl.O.P.No.27042 of 2015 https://hcservices.ecourts.gov.in/hcservices/