S.Ramasamy v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Ramasamy ... Petitioner Vs.
1.The Superintendent of Police, Namakkal District, Namakkal.
2.The Sub-Inspector of Police, District Crime Branch, Namakkal.
... Respondents Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, to direct the 2nd respondent Police not to harass the Petitioners under the guise of enquiry. For Petitioner : Mr.E.P.Senniyangiri For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)
O R D E R
A complaint been received by the police against the petitioner herein, land promoter who allegedly sold the plot No.29, Survey No.15/1C to two persons for double transaction of the same property. In this connection, the petitioner been called and the petitioner has given an 1/4
undertaking that he will provide different plot for the complainant within a period of 30 days and based on his undertaking, the police had not proceeded further registering case for cheating and other offences. While so, suppressing the fact, the petitioner is before this Court alleging that the police is harassing him under the civil transaction. 2.
The complaint of double transaction of the same plot to two different persons was received, but the police has not proceeded further on the complaint based on the undertaking given by the petitioner that he will rectify his mistake within 30 days.
3.
On perusing the record, this Court finds that it is appropriate for the respondent police to register the FIR and proceed against the petitioner if the same plot been sold by him to two different person. The remedy seeking protection cannot be granted if prima facie material available against the petitioner for commission of cognizable offence. Hence this Criminal Original Petition is dismissed. 09.08.2024 Index : Yes/No rpl 2/4
To 1.The Superintendent of Police, Namakkal District, Namakkal.
2.The Sub-Inspector of Police, District Crime Branch, Namakkal.
3.The Public Prosecutor, High Court of Madras, Chennai.
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Dr.G.JAYACHANDRAN,J.
rpl 09.08.2024 4/4