T.Rajendran vs State Rep. By
2023 Latest Caselaw 9624 Mad

                                                                                  W.P.No.22796 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 03.08.2023

                                                          CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                               W.P.No.22796 of 2023
                                                       and
                                               WMP.No.22255 of 2023

                     T.Rajendran
                     S/o.Late Thangavelu                                     .. Petitioner

                                                           Vs.

                     State Rep. by
                     The Inspector of Police,
                     CCB, EDF – II, Group – 4,
                     Egmore, Chennai
                     Crime No.275 of 2015                                    .. Respondent

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
                     praying for issuance of a Writ of Prohibition prohibiting the respondent not
                     to attach or in any manner interfere with the peaceful possession and
                     enjoyment of the immovable properties held by me and petitioner's wife
                     Nagajothi in Coimbatore District otherwise than the law laid down by this
                     Hon'ble Court in W.P.No.11221 of 2015 dated 27.07.2015 in 1.V.Sundaram
                     2. Malliga Vs. The Deputy Superintendent of Police, Economic Offences &
                     Wing, Kancheepuram & Another.


                                         For Petitioner     : Mr.R.Ganesan

                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                       W.P.No.22796 of 2023

                                              For Respondent     : Mr.A.Damodaran
                                                                   Additional Public Prosecutor

                                                               *****

                                                          ORDER

This Writ Petition has been filed to prohibit the respondent police

from attaching the property belonging to the petitioner except in accordance

with the law pronounced by this Court in W.P.No.11221 of 2015 dated

27.07.2015.

2. Heard Mr.R.Ganesan, learned counsel for petitioner and

Mr.A.Damodaran, learned Additional Public Prosecutor appearing for

respondent.

3. It is seen from records that a First Information Report came to be

registered against the petitioner and his wife in Crime No.275 of 2015. On

completion of investigation, the trial proceedings are pending before the

Additional Chief Metropolitan Magistrate for CCB and CBCID Cases,

Egmore, in C.C.No.4818 of 2018. The grievance of the petitioner is that the

respondent is attempting to attach the property otherwise than by the

procedure established by law. That apart, the complainant is also making

https://www.mhc.tn.gov.in/judis W.P.No.22796 of 2023

attempts to attach the property belonging to the petitioner. In view of the

same, the present Writ Petition has been filed seeking for appropriate

directions.

4. In the considered view of this Court, this Court in W.P.No.11221 of

2015, by judgment dated 27.07.2015, has specifically dealt with the manner

in which the attachment of properties should be done. The petitioner wants

the proper procedure to be followed by the respondent if at all any attempt is

made to attach the properties.

5. Learned Additional Public Prosecutor submitted that if the

respondent proceeds to attach the properties belonging to the petitioner, the

same will be done only in accordance with law. Learned Additional Public

Prosecutor further submitted that the de facto complainant, at the best, will

be allowed to assist the prosecution before the Court below and a decision

will ultimately be taken by the Court below.

N.ANAND VENKATESH, J

https://www.mhc.tn.gov.in/judis W.P.No.22796 of 2023

gm

Recording the above submission, this Writ Petition is disposed of. No

costs. Consequently, connected miscellaneous petition is closed.

03.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

To

1. The Inspector of Police, CCB, EDF – II, Group – 4, Egmore, Chennai.

2.The Public Prosecutor, High Court, Madras.

Writ Petition No.22796 of 2023

https://www.mhc.tn.gov.in/judis