R.Chandran v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.05.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.12731 OF 2019 R.Chandran ... Petitioner Vs.

1. State by The Commissioner of Police, Salem City, Salem.

2. The Inspector of Police, Kannankurichi Police Station, Kannankurichi, Salem District.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent to hand over the petitioner's shop key along with 1500 bags of rice worth about Rs.18 lakhs.

For Petitioner : Miss.J.Yamini Jaidivya For Respondents : Ms.M.Prabhavathi, Additional Public Prosecutor

ORDER

The case of the petitioner is that there is a landlordtenant dispute between the petitioner and his land lord and the petitioner, who is a rice broker had stocked rice bags inside the shop and based on a false complaint given by the land lord, the 2nd respondent has locked the shop and taken away the key. Therefore, the present petition has been filed for a direction to the 2nd respondent to hand over the key of the property.

2. The learned Additional Public Prosecutor, on instruction, submitted that, there are numerous complaints against the petitioner on the ground of cheating and the land lord has also given a compliant against this petitioner to the effect that the he is illegally occupying the shop, without paying the rent.

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3. The learned Additional Public Prosecutor further submitted that the respondent police did not lock the shop and the land lord had taken possession of the property and if at all the petitioner has any grievance, he has to agitate the same before the appropriate forum. The learned Additional Public Prosecutor further submitted that the respondent police will not interfere in the land lord-tenant dispute.

4. Recording the submissions made by the learned Additional Public Prosecutor, this criminal original petition disposed of with a direction to the 2nd respondent not to interfere with the land lord-tenant dispute and the petitioner is at liberty to approach the appropriate forum to agitate his right in accordance with law.

5. Accordingly, the criminal original petition is disposed of.

Sd/- Assistant Registrar(VO) //True copy// Sub Assistant Registrar mst To

1. The Additional Public prosecutor, Chennai.

2. The Commissioner of Police, Salem City, Salem.

3. The Inspector of Police, Kannankurichi Police Station, Kannankurichi, Salem District.

+1cc to Mr.Yamini, Advocate SR.No.43565 Crl.O.P.No.12731 of 2019 AK(CO) GMY(20/05/2019) https://hcservices.ecourts.gov.in/hcservices/