ASHOK CHORARIA Vs. INSPECTOR OF POLICE CRIME

JUDGEMENT

(1.) The petitioners, who are four in number, who have been arrayed as the accused in Cr. No. 305/93 before the Vanur Police Station, have filed this Criminal Original Petition under Section 482, Cr. P.C., for quashing the proceedings in Cr. No. 305/93.

(2.) The allegations in the Criminal Original Petition are that the petitioners were the owners of the lands measuring in all four acres bearing different survey numbers which have been sold in favour of petitioners 2 and 3 under a sale deed dated 25-3-1992 for valid consideration of Rs. 71,500.00. The petitioners 2 and 3 entered into possession and enjoyment of the lands including the standing crops of casuarina trees. The patta for the property was transferred in their name and they have been in possession and enjoyment of the same since then. One Elumalai son of Gopal Goundar of Erayur village, who wanted to purchase the lands from the first petitioner and his daughter and could not succeed as the price offered by him was far below the price paid by the petitioners 2 and 3 and was aggrieved against the petitioners and was giving unnecessary trouble by coercing them to depart with the possession of the property. He issued false notice claiming to be a tenant under the first petitioner and his daughter, which was suitably replied by the petitioners through their counsel. On 5-3-1992 the petitioners 2 and 3 filed a suit in O.S. No. 156 of 1993 on the file of the District Munisif's Court, Tindivanam for a declaration and injunction against the said Elumalai. They also filed an application for temporary injunction. The District Munsif granted an interim injunction in I.A. No. 742 of 1993, restraining the said Elumalai from interfering with the petitioner's possession and enjoyment of the lands pending disposal of the suit. The said interim injunction was made absolute on 10-6-1993. In the maintain, the said Elumalai preferred a petition under Section 145, Cr. P.C., against the petitioners before the Executive Magistrate, Vanur. The matter was referred by the Executive Magistrate, to the Sub-Inspector of Police, Vanur Police Station for enquiry and report. When notice about the enquiry was sent to the petitioners, the petitioners 2 and 3 sent a detailed reply on 26-5-1993 to the Sub-Inspector as well as the Executive Magistrate bringing to the notice the interim injunction granted earlier and confirmed later on 10-6-1993 by the Civil Court. Thereafter the Executive Magistrate dropped the proceedings.

(3.) After failing in all his attempts the said Elumalai filed a complaint in STC No. 259/93 on the file of the Judicial Magistrate No. II, Tindivanam against the petitioners and one Shanthi, the daughter of the first petitioner as well as two others alleging offences punishable under Sections 506(1) and 323, I.P.C. The said complaint was taken on file on 5-3-1993 and is pending. The next hearing was posted on 15-9-1993. In the meantime the said Elumalai filed a complaint of theft under Section 379, I.P.C., on 23-7-1993, before the respondent which is pending investigation.