Jamal Mohammed v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.24383 of 2021 Jamal Mohammed ... Petitioner Vs.

State Rep by its The Inspector of Police, S-11, Tambaram Police Station, Tambaram, Chennai - 600 045.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction directing the respondent police to provide adequate police protection to the petitioner to enter and resides in the property situated at No.26/12, 3rd cross street, Ranaganathapuram, West Tambaram Chennai - 600045 and also take appropriate action for the complaint in CSR No.1190/2021 dated 22.11.2021. For Petitioner :

Mr.M.Mohamed Riyaz For Respondent :

Mr.E.Raj Thilak Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed to issue a direction directing the respondent police to provide adequate police protection to the petitioner to enter and resides in the property situated at No.26/12, 3rd cross street, Ranaganathapuram, West Tambaram, Chennai - 600045 and also take appropriate action for the complaint in CSR No.1190/2021 dated 22.11.2021.

2.The petitioner is an innocent purchaser who purchased the property paying huge sums through cheque and bank instrument and on 19.07.2021, sale deed was executed by the vendors namely, Jaishankar and his wife Thulasi. Thereafter, when the petitioner entered his property to make slight alteration as per his requirement, at that time several of the local residence came and objected the petitioner entering into the property making complaint that the said Jaishankar and https://hcservices.ecourts.gov.in/hcservices/

Thulasi had collected Diwali Chits and other chits, cheated several persons and absconded. The petitioner had already changed the property documents, EB connections and other connections in his name. Now the petitioner is not allowed to enter the property.

3.The learned Additional Public Prosecutor submits that there has been several complaint received against Jaishankar and his wife Thulasi. Jaishankar and his wife Thulasi collected huge sums, cheated the public and now absconded. He further submits that the contention of the petitioner has to be verified in view of the several complaints made against Jaishankar and his wife Thulasi and fairly submits that FIR has not been registered and CCB enquiry is pending and due to the bifurcation of the Commissionerate, it is further getting delayed.

4.This Court considering the submissions and finding that the CCB enquiry is pending on the complaint against Jaishankar and his wife Thulasi and the reason for the delay is due to the bifurcation of the Commissionerate, the delay may not be a reason to deny protection to the petitioner, if he is otherwise entitled. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar sli To 1.The Inspector of Police, S-11, Tambaram Police Station, Tambaram, Chennai - 600 045.

2.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.24383 of 2021 KV (CO) PR (09/02/2022) https://hcservices.ecourts.gov.in/hcservices/