V ELANGO Vs. STATE

JUDGEMENT

(1.) LEARNED counsel for the petitioner submits that the petitioner has come forward with this petition to direct the respondent police to register the First Information Report based on the complaint given by the petitioner dated 17.7.2007 as per the mandatory requirement under Section 154 of the Code of Criminal Procedure and to investigate the same.

(2.) IT is submitted by the learned counsel for the petitioner that the petitioner is a practising Advocate. IT is submitted by the learned counsel for the petitioner that petitioner's wife owns certain properties in Koovathur and Kanathur Villages and the petitioner is managing the properties through agricultural workers and himself and his wife were living at Chennai. IT is further submitted by the learned counsel for the petitioner that taking advantage of the absence of the petitioner and his family members, certain named persons mentioned in the complaint taking law into their own hands and criminally trespassed into the disputed land compromised under Survey No. 92/2A at Kanathur Village. IT is submitted by the learned counsel for the petitioner that the petitioner's wife also filed a suit and obtained an order of injunction against the named persons in the complaint in I.A. No. 1126 of 2007 in O.S. No. 179 of 2007 on 9.7.2007. IT is contended by the learned counsel for the petitioner that even the injunction order copy was also served on those persons, mentioned in the complaint. IT is submitted by the learned counsel for the petitioner that on 17.7.2007, on reliable information, the petitioner went to the scene and saw the persons mentioned in the complaint along with a mob trespassed in to their land and started certain construction work and while the conduct of such persons were questioned by the petitioner, they have abused the petitioner in a filthy language and also threatened the petitioner and his farm workers with dire consequences.

(3.) PER contra, learned Government Advocate (Criminal side) submitted that already a case was registered on the basis of the complaint given by the petitioner dated 17.7.2007 on 23.7.2007 in Crime No. 303 of 2007 for the offences under Sections 147, 447 and 506 (ii) I.P.C.