Petitioner sought directions to stop the Police from interfering in a civil property dispute. The court disposed of the petition without costs, noting that the police have the right to register cases if complaints disclose cognizable offences.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.10675 of 2021
V.G.P.Rajadas, S/o.V.G.Panneerdas, Director, V.G.P.Housing Private Limited, V.G.P. Square, No.6, Dharmaraja Kovil Street, Saidapet, Chennai-600 015. ... Petitioner
Versus 1.The Commissioner of Police, The Greater Chennai City, Chennai. 2.The Inspector of Police, J1-Saidapet Police Station (Crime), Saidapet, Chennai. 3.Raja ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ or Order direction in the nature of Writ of Mandamus directing the 2nd respondent not to interfere with the civil dispute in order to extend help to the respondent No.3 and giving threats to the petitioner to hand over the vacant possession of the property on the basis of the petitioner's representation dated 13.01.2021.
This Criminal Original Petition has been filed to direct the 2nd respondent not to interfere with the civil dispute in order to extend help to the 3rd respondent and giving threats to the petitioner to hand over the vacant possession of the property on the basis of the petitioner's representation dated 13.01.2021.
2.The learned counsel for the petitioner submitted that based on the complaint given by the 3rd respondent, the 2nd respondent is unnecessarily harassing the petitioner.
3.The learned Government Advocate (Crl. Side) submitted that since the 3rd respondent has lodged a complaint against the petitioner and only for enquiry purpose in the said complaint, he was called and he was not subject to any harassment.
4.If the complaint discloses any cognizable offence, the 2nd respondent has to register a case. In case, the said complaint does not disclose any cognizable offence, the 2nd respondent can conduct preliminary enquiry with the complainant and if the said enquiry reveals any cognizable offence, he can register a case and proceed further in accordance with law. Instead of that he should not unnecessarily harass the petitioner.
5.With the aforesaid directions, this Writ Petition is
disposed of. No Costs.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
vv2
To
1.The Commissioner of Police,
The Greater Chennai City,
Chennai.
2.The Inspector of Police,
J1-Saidapet Police Station (Crime),
Saidapet, Chennai.
3.The Public Prosecutor,
High Court, Madras.
W.P.No.10675 of 2021
SS(CO)
CB(12/07/2021)
1 provisions across 1 enactments
V.G.P. Rajadas
The Commissioner of Police, The Greater Chennai City
The Inspector of Police, J1-Saidapet Police Station
Raja
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
