Madras High Court
K.Shankar vs The Inspector Of Police (L&O) on 5 July, 2021
W.P.No.9282 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.9282 of 2021
and
W.M.P.No.9847 of 2021
K.Shankar,
S/o, K.Kannan ... Petitioner
Versus
1. The Inspector of Police (L&O),
R-5, Virugambakkam Police Station,
Viruambakkam,
Chennai – 600 092.
2. The Deputy Commissioner of Police,
T.Nagar,
Chennai – 600 017.
3. Mathiyalagan
S/o, Varadharajan
4. R.Ramya
W/o, V.Mathiyalagan
5. R.Shankaran Gargh,
S/o, Rajan ... Respondents
Page No.1 of 6
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W.P.No.9282 of 2021
PRAYER:
Writ Petition filed under Article 226 of the constitution of India to
pass a) Writ of Mandamus or any other order, direction or writ in the
nature of a Writ of Mandamus to direct to transfer the investigation from
the 1st respondent's police vide Crl.M.P.No.1319/2020 order dated
23.12.2020 to any competent authority and pass such further or other
orders as it may deem fit and proper in the circumstances of the case. b)
Issue an order of injunction against 3rd - 5th respondents to restrain their
men agents or whomsoever claiming under them from in any manner
evicting or disturbing or interfering with the petitioner's peaceful
possession and enjoyment of the schedule property herein until disposal
of the main writ petition. c) direct the 1st respondent to give police
protection to the petitioner in view of the permanent injunction decree in
O.S.No.5353 of 2016 in favour of the petitioner regarding the schedule
property.
For Petitioner : Mr.B.Sundar
For R1 & R2 : Mr.A.Damodaran
Government Advocate
For R3 to R5 : Mr.V.Subramanian
Page No.2 of 6
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W.P.No.9282 of 2021
ORDER
The Writ petition has been filed for giving direction to the
respondents 1 and 2 to transfer the investigation from the 1st respondent's
police vide Crl.M.P.No.1319/2020 order dated 23.12.2020 to any
competent authority
2. The petitioner allege the complaint was given to the respondent
police on 06.10.2020, despite the complaint discloses commission of
cognizance offence, the respondent police had not taken any action.
Thereafter, he filed the petition before the XXIII Metropolitan
Magistrate, under section 156(3) Crpc, in C.M.P.No.1319 of 2020. The
XXIII Metropolitan Magistrate by an order dated 23.12.2020, forwarded
the complaint to the respondent police with the direction to register the
FIR. Thereafter the respondent police failed to take any action. Hence,
he filed this Writ Petition seeking transfer of investigation from the file
of the Inspector of police(respondent) to any other competent agency.
The petitioner had already obtained a order in Civil Suit and the findings
in the said judgment is in favour of the petitioner.
https://www.mhc.tn.gov.in/judis/
W.P.No.9282 of 2021
3. Mr.V.Subramaniam, the learned counsel for R3 to R5 submits
that the petitioner is blowing out of proposition a civil dispute, given
criminal colour and making allegation that the respondents 3 to 5 has
committed criminal offence. The petitioner had admitted that the Civil
Suit is pending which would clearly reflect that it is only a civil case
which is attempted to be given a criminal colour.
4. The respondents' counsel further submitted that the petitioner
relies on the civil court finding in O.S.No.5353 of 2016. If there is a
violation of the Civil Court orders, he has to approach the Civil Court
and to obtain necessary orders and not by filing police complaints.
5. The learned Government Advocate appearing for the
respondents 1 and 2 has filed the counter and submitted that the relief
sought for by the petitioner in the Criminal complaint is to restrain the
respondent No.5 and who was the defendant in O.S.No.5353 of 2016 and
their men from in any manner evicting or disturbing or interfering with
the petitioner's peaceful possession and enjoyment of the property. The
https://www.mhc.tn.gov.in/judis/
W.P.No.9282 of 2021
respondent police had issued summons to R3 and R4 to appear for
enquiry on 19.06.2021 and submitted that they are not added as a party in
the suit in O.S.No.5353 of 2016. Further submitted that there is some
dispute with regard to the property and their rights. On receipt of the
complaint, Crime No. 664 of 2021 has been registered under sections
447 and 427 IPC. Further submitted that the investigation would be
properly conducted and final report will be filed shortly within a period
of three months.
6. In view of the fact that the official respondent has registered the
case and undertakes that the investigation would be completed within a
period of three months and final report to be filed, recording the same,
the Writ Petition is disposed of. Consequently, connected miscellaneous
petition is closed. The petitioner is given liberty to approach the
respondent police and submit the available materials in his possession.
05.07.2021
Index: Yes/No
Internet: Yes/No
mfa
https://www.mhc.tn.gov.in/judis/
W.P.No.9282 of 2021
M.NIRMAL KUMAR, J.
mfa
To
1. The Inspector of Police (L&O),
R-5, Virugambakkam Police Station,
Viruambakkam,
Chennai – 600 092.
2. The Deputy Commissioner of Police,
T.Nagar,
Chennai – 600 017.
3.The Public Prosecutor,
High Court, Madras.
W.P.No.9282 of 2021
and
W.M.P.No.9847 of 2021
05.07.2021
https://www.mhc.tn.gov.in/judis/
