S.YESUDAS Vs. THESUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner has filed the present Writ Petition praying for passing of an order by this Court by directing the respondents 2 and 3 herein not to interfere with the civil dispute at the instance of the sixth respondent and not to harass him in respect of a civil dispute.

(2.) ACCORDING to the petitioner, he is in enjoyment of the property comprised in New S.No. 121/1D corresponding to old S.No. 121/1A4 measuring an extent of 3 acres Nanja land as a cultivating tenant for the past 20 years and the respondents 4 and 5 when attempted to evict him by force, he filed a civil suit in O.S.No. 1358 of 2012 on the file of learned II Additional District Munsif, Tiruchirappalli. During the pendency of the suit, the sixth respondent appeared to have created a sale deed in his favour, with an intention to evict him by force. In fact, an application before the Tahsildar, Tiruvarampur, for recording his tenancy right under the Record of Tenancy Act is also pending. In the meanwhile, the second respondent had directed the petitioner to appear before him for enquiry from 07.10.2014 and accordingly the petitioner appeared on 07.10.2014. However, the second respondent/Inspector of Police, Navalpattu Police Station, Anna Nagar, Navalpattu Post, Trichy, had warned him that he should vacate the property and hand over the same to the sixth respondent. In reality, the petitioner had informed the second respondent that the civil suit is pending and he had also approached the Tahsildar for recording his tenancy right under the Record of Tenancy Act. But, the second respondent was in no mood to hear him.

(3.) IT is to be pointed out that for production of a document or other thing in terms of Section 97 of the Cr.P.C. an individual can be summoned to the Police Station at any stage of investigation, enquiry or trial. If any document is produced in compliance of notice, then in the eye of law, it is considered to be a testimonial act. Added further, Section 91 of Cr.P.C. does not offend Article 20(3) of the Constitution of India, in the considered opinion of this Court. Furthermore, a person summoned to produce a document or other thing by the police officer attached to a particular police station is not an offence and in the eye of law can even be cross -examined.