S.Arockiaselvi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN 1.S.Arockiaselvi 2.Sussairaj ... Petitioners Vs.

1.The Commissioner of Police, Coimbatore City, 62, Old Post Office Road, Near Railway Station, Opp. Collector Office, Gopalapuram, Coimbatore-641 018.

2.State by The Inspector of Police, C-1, Kattur Police Station, Gandhipuram, Coimbatore District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the 2nd respondent not to harass the petitioner.

For Petitioner : Mr.K.Jayaraman For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side) 1/4

O R D E R

One Santhakrishnan has given a complaint on 03.06.2024 alleging that the petitioners herein had cheated her by misrepresentation and has got sale deed of the property worth Rs.10 Crores for a sum of Rs.81,72,000/-. Based on the complaint, the petitioners herein been called for investigation. The material placed before this Court indicates that the defacto complainant has executed a sale deed in favour of the 1st petitioner on 19.06.2020. Subsequently a rectification deed also executed by her on 18.06.2022. While so, she has given a complaint totally in contrary to the registered documents and the same has been taken up for consideration by the police.

2.

It is also brought to the notice of this Court that a civil suit been filed by this petitioners seeking injunction alleging that after alienating the property, the property been taken possession by the petitioners herein and renovated. While so, with the help of politician, the respondent are trying to interfere the peaceful possession. In a civil suit in O.S.No.529 of 2024, the trial Court has passed an interim order on 13.06.2024 in I.A.No.2 of 2024 and the matter is pending. 2/4

3.

In the light of the above facts, the respondent police shall take note of the pendency of the suit and dispose the complaint following the dictum laid down by the Hon'ble Supreme Court in Neeharika case.

4.

With the above observation, this Criminal Original Petition is disposed of.

15.07.2024 Index : Yes/No rpl To 1.The Commissioner of Police, Coimbatore City, 62, Old Post Office Road, Near Railway Station, Opp. Collector Office, Gopalapuram, Coimbatore-641 018.

2.The Inspector of Police, C-1, Kattur Police Station, Gandhipuram, Coimbatore District.

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

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Dr.G.JAYACHANDRAN,J.

rpl 15.07.2024 4/4