Madras High CourtCRL OP(MD)/14906/2018disposed of

Pandi v. The Superintendent Of Police

2018-08-27Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.14906 of 2018 1.Pandi 2.Veerappan ... Petitioners/Aggrieved Persons -Vs1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Oomachikulam Police Station, Madurai District.

3.A.Palaniyandi ... Respondents/Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Inspector of Police, Oomachikulam Police Station, Madurai District not to compel the petitioners to execute a sale deed in respect of the petitioners' properties situated in Survey No.108/2A, 108/2B, 108/3B, 108/4, 109/1, 108/3A and 108/5A measuring to the extent of 2 acres 69 cents Mathikulam Village, Madurai North and District as directed by him.

For Petitioner : Mr.R.Anand For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

This petition has been filed for a direction to the second respondent police not to compel the petitioners to execute a sale deed with respect to their property.

2.The learned counsel for the petitioners would submit that the second respondent police is calling the petitioners repeatedly to the police station and compelling them to execute a sale deed in favour of the third respondent. The learned counsel for the petitioners would further submit that the property belongs to the petitioners and the police cannot compel the petitioners to execute any sale deed.

3.Per contra, the learned Government Advocate (Crl. Side) would submit that a complaint is pending before the second respondent police and enquiry is being made by the second https://hcservices.ecourts.gov.in/hcservices/

respondent police with regard to the said complaint. The learned Government Advocate (Crl. Side) would further submit that the second respondent police only wants the petitioner to co-operate with the investigation and that the second respondent police is not compelling the petitioner to execute any document. 4.The learned counsel for the petitioner would submit that the petitioners are willing to co-operate with the investigation and attend the enquiry to be conducted by the second respondent police.

5.There shall be a direction to the petitioners to report before the second respondent police on 30.08.2018 at about 11.00 a.m. The second respondent police is also directed to call both parties for the enquiry. It is made clear that the second respondent has to confine the enquiry only in so far as the subject matter is concerned. The second respondent himself has made it clear that he will not compel any of the parties to execute any document. The second respondent is directed to complete the enquiry within a period of two weeks from the date of receipt of a copy of this Order.

7.This Criminal Original petition is disposed of with the above directions.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Oomachikulam Police Station, Madurai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.R.Anand, Advocate SR.No.80490 Tm MK/SV/SAR 4/10.09.2018/2P/5C CRL.O.P.(MD)No.14906 of 2018 27.08.2018 https://hcservices.ecourts.gov.in/hcservices/