Rahul Chandak, Age 34 Years, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.18459 of 2016 Rahul Chandak ..Petitioner Vs

1. The Commissioner of Police, Vepery, Chennai - 600 007.

2. State rep. by The Inspector of Police, P-4, Basin Bridge Police Station,

3. State rep. by The Inspector of Police, G-2, Periamedu Police Station, .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to provide adequate security to vacate the goods from the petitioner's premises for the purpose of shifting and to initiate appropriate criminal proceedings against Arivu, Kabilan, their Advocates and their accomplices for their acts by way of registering a complaint for their criminal misdeeds which is punishable by criminal law. For Petitioner :

Mr.H.Prosper For Respondents :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the respondents to provide adequate security to vacate the goods from the petitioner's premises for the purpose of shifting and to initiate appropriate criminal proceedings against Arivu, Kabilan, their Advocates and their accomplices for their acts by way of registering a complaint for their criminal misdeeds which is punishable by criminal law.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the Respondents.

3. It is the case of the petitioner that he is running a timber depot in Choolai and that, he wants to shift his timber depot to Madhavaram. While so, it is alleged by the petitioner that some persons in the area are preventing him and are demanding "Mamool".

4. The learned Counsel for the petitioner submitted that some persons in the guise of Advocates came to his premises and an intimidating him. He also produced certain photos showing some Advocates in the petitioner's office. In this regard, the petitioner has given a complaint, based on which, petition enquiry is pending in CSR No.163 of 2016. As a counter blast, Ragul and Jagadesh have given a complaint against the petitioner alleging that there are Provident Fund (PF) dues, based on which, petition enquiry is pending in CSR No.162 of 2016.

5. In the considered opinion of this Court, such PF dues cannot be settled in a high handed manner by intimidating the petitioner. Under such circumstances, the respondent police is directed to give police protection to the petitioner and ensure that he carries out his business activities and also, transfers his goods from out of the Choolai shop peacefully. In view of the above, this criminal original petition is closed.

-s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Vepery, Chennai - 600 007.

2. The Inspector of Police, P-4, Basin Bridge Police Station,

3. The Inspector of Police, G-2, Periamedu Police Station, 4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.H.Prosper Advocate sr 47102 Crl.OP No.18459 of 2016 aa23/08/2016