Rajamanickam v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2019

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.Nos. 32606 and 32732 of 2019

1. Rajamanickam

2. Jayakumar

3. P.Natrajan

4. S.Natrajan

5. S.Raveendran

6. Stephen Paul ... Petitioners in both Crl.O.Ps.

-Vs1. The Superintendent of Police, Office of the Superintendent of Police, : 1st Respondent in both Crl.O.Ps.

2. The Deputy Superintendent of Police, Avinashi Taluk,

3. The Inspector of Police, Avinashi Police Station, Avinashi, Tiruppur District.

: Respondents 2 & 3 in both Crl.O.Ps

4. The Inspector of Police, Land Grabbing Cell, ... Respondent 2 in Crl.O.P.No.32732 of 2019 Common Prayer: Criminal original petitions filed under Section 482 of Cr.P.C., pleased to direct the respondents not to harass the petitioner by foisting false cases.

For Petitioners : Mr.A.Gokulakrishnan in both Crl.O.Ps.

For M/s.G.K.Associates For respondents : Mr.M.Mohamed Riyaz in both Crl.O.Ps. Additional Public Prosecutor Respondents

COMMON ORDER The learned counsel for the petitioner has submitted that already the 1st petitioner has filed a suit in O.S.No.134 of 2019 on the file of the learned Sub Judge, Avinashi against the defacto complainant, declaring that he is the absolute owner of the property and also for permanent injunction. He further submitted that on 30.10.2019 the defacto complainant has entered appearance in the said suit and took time for filing written statement and only thereafter she lodged two false complaints, one before the Inspector of Police, avinashi Police Station and another complaint before the Inspector of Police, Land Grabbing Cell, Thiruppur. He further submitted that based on the said complaint, the respondent police calling upon the petitioners and harassing them in the guise of an enquiry.

2. The learned Additional Public Prosecutor has submitted that since the defacto complainant has lodged a complaint before the respondent Police, only for the enquiry purpose, the petitioners were called and they were not subjected to any harassment.

3. Taking into consideration of the aforesaid submissions, the petitioners are directed to produce their documents before the Inspector of Police, Land Grabbing Cell, Thiruppur to substantiate their claim. The Inspector of Police, Land Grabbing Cell, after receipt of the said documents has to dispose of the complaint in accordance with law. But the petitioners shall not be subjected to any harassment at the time of producing the documents.

4. With the above observations, both the Criminal Original petitions stand disposed of.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar vum To

1. The Superintendent of Police, Office of the Superintendent of Police,

2. The Deputy Superintendent of Police, Avinashi Taluk,

3. The Inspector of Police, Avinashi Police Station, Avinashi, Tiruppur District.

4. The Inspector of Police, Land Grabbing Cell, +2cc to Mr.A.Gokulakrishnan, Advocate, SR.Nos.102131 & 102132 Crl.O.P.Nos. 32606 and 32732 of 2019 SSV(CO) CSR: 23/01/2020