S MAHAVEER Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The Petitioner seeks a direction to set aside the order of the learned Chief Metropolitan Magistrate, Egmore, Chennai, dated 25.08.2010 in Crl.M.P. No. 2538 of 2010 and to reject the application for police custody preferred by the Respondent in Crime No. 519 of 2009, registered under Section 406, 417, 420 IPC and Section 4 of the TNPCEI Act, 2003. The complaint in the case reads as follows:

(2.) Mr. N.R. Elango, learned senior counsel appearing for the Petitioner submitted that the entire action of the defacto complainant was malafide and that the Respondent was aiding him in such exercise. The defacto complainant had earlier preferred a police complaint before the Commissioner of Police in respect of the very same matter on 29.12.2008 in complaint No. 2676/PG Vision 08, which was forwarded to the Central Crime Branch in Ref. No. 2155/2009, was enquired into and closed, finding no wrong on the part of the Petitioner. In such circumstance, the Petitioner, who had moved a petition for anticipatory bail in Crl.O.P.SR. No. 1694 of 2009 had not 6 pursued the same. Thereafter, the defacto complainant had preferred the same complaint on 08.09.2009 after a period of about ten months, before the Central Crime Branch, Chennai.C.S. No. 289 of 2009 on the file of this Court had been filed by the defacto complainant and his wife against the Petitioner, his wife and daughter-in-law. Therein they had sought the following reliefs:

(3.) This Court, in Application No. 1541 of 2009 in C.S. No. 289 of 2009 was dealing with a prayer to grant interim direction to the Respondents/Defendants to return all the original title deeds, cheques, signed stamp papers, blank stamp papers, blank cheques, blank green sheets etc., to the applicants pertaining to the suit properties and also schedule mentioned items A and B lying with the Defendants more fully described in the Judges Summons. In application under O.A. No. 318 of 2009, this Court was dealing with a prayer to grant interim injunction restraining the Respondents/Defendants, their men, agents, servants or any one acting under them, in proceeding or doing any action regarding the suit schedule mentioned A and B immovable properties in any manner. By way of common order dated 21.01.2010, this Court had ordered as follows: