S. MOHAMMED ISPAHANI Vs. YOGENDRA CHANDAK

JUDGEMENT

(1.) Leave granted.

(2.) Girdharilal Chandak, father of Respondent no. 1 (hereinafter referred to as "de facto complainant") lodged complaint against many persons, including the four appellants in these appeals, on April 27, 2007 with the Inspector of Police, CBCID-Metro Wing, Egmore, Chennai. The allegations were that at about 12.30 pm, 50-60 rowdy elements armed with deadly weapons entered the premises of the de facto complainant and threatened his staff. They started damaging all the valuables like laptops, computers and other antique valuable articles. They threw out those articles on the road and took away laptops, computers and other antiques valuable articles which were lying in the premises, known as Door No. 35, New Door No. 9, Anna Salai, Chennari-2. It may be mentioned here that the appellants, Mehdi Ispahani, Ali Ispahani and S. Mohammed Ispahani are the landlords of the aforesaid premises of which the de facto complainant was a tenant. The landlords have initiated eviction proceedings against the de facto complainant in which eviction orders were passed on Feb. 26, 2007 and appeal was preferred by the de facto complainant against the order of eviction which was pending before the VII, Small Causes Court, Chennai. However, no stay of the eviction order was granted by the Appellate Court and this refusal to grant the interim stay was upheld till this Court. According the appellants/landlords, they had obtained warrants of possession from the executing Court and the bailiff of the Court, namely, I. Jayaraman, who is the fourth appellant, had gone to the tenanted premises on July 24, 2007 for executing the decree and to take possession thereby.

(3.) The police initially refused to register case on the complaint of the de facto complainant. However, by orders dated Oct. 12, 2007 passed by the High Court in Criminal O.P. 29386 of 2007 filed by the de facto complainant, the CBCID was directed to register the case. Accordingly, Crime Case No. 3 of 2008 was registered by the police. Ultimately, charge sheet under Sections 379, 427, 341 read with Sec. 34 of Penal Code and Sec. 3(1) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 was filed. In this charge sheet appellants were not named. During the trial, the de facto complainant died. His son appeared as PW-1 and in his deposition, he named the appellants, i.e., all the three landlords and bailiff as well. Thereafter, application under Sec. 319 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') was filed through Special Public Prosecutor for summoning these appellants as well, as accused persons. The Chief Metropolitan Magistrate dismissed the said application vide orders dated Aug. 17, 2015. Against that order of dismissal, son of the de facto complainant (hereinafter referred to as the "complainant") filed revision petition in the High Court. By impugned order dated Nov. 29, 2016, the High Court has allowed the said revision petition, thereby setting aside the order of the Chief Metropolitan Magistrate and directed him to implicate the appellants herein as accused in the case pending before him. It is this order which is under challenge before us.