Stella v. The Commissioner of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.12.2023 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.25131 of 2022 & W.M.P.No.24077 of 2022 Crl.M.P.Nos.1657 of 2023 in Crl.O.P.No.20286 of 2021 and Cont.P.No.365 of 2023 & Sub Appl (OS).No.134 of 2023 W.P.No.25131 of 2022 :-Stella ...Petitioner -Vs-

¶1The Commissioner of Police, O/o. The Commissioner of Police, 132, EVK Sampath Road, Vepery, Periyamet, Chennai – 600 007.

¶2The Assistant Commissioner of Police, Triplicane, Wallahjaj Road, Anna Salai, Triplicane, Chennai – 600 005.

¶3The Inspector of Police, D2, Anna Salai Police Station, Chennai – 600 002.

¶4Lord Ramgopal

¶5Krishnakumar Desai (R4 & R5 Suo Motu impleaded vide order dated 13.07.2023 made in W.P.No.25131 of 2022)

¶6M/s. TVS Mobility Private Limited No.10, Jawahar Road, Chokkikulam, Madurai-625002. Rep. by its Chief Operating Officer, Madhuraghnuath (R6 impleaded vide order dated 13.09.2023 made in W.M.P.No.26518 of 2023 in W.P.No. 21531 of 2022) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st to 3rd respondent police officials to effect police protection to the petitioner and the property situated at Door No.74, General Patters Road, Chennai – 600 002 (Govind Palace) by considering the petitioner's representation dated

08.09.2022. For Petitioner : Mr.Naveen Kumar Murthy For Mr. V.P.K.Gowtham For Respondents For R1 to R3 : Mr.A.Gopinath Government Advocate (Crl. Side)

For R4 & R5 : Mr.V.P.Raman For Mr.Govind Chandrasekar For R6 : Mr.Krishna Srinivas, Senior Counsel For M/s.S.Ramasubramaniam & Asso. Crl.M.P.No.1657 of 2021 in Crl.O.P.No.20286 of 2021 Lakshmi ...Petitioner Vs.

¶1The State rep. by The Inspector of Police, D2, Anna Salai Police Station, Chennai – 600 002.

¶2The Assistant Commissioner of Police, Wallahjaj Road, Triplicane, Chennai – 600 005.

¶3Lord Ramgopal

¶4Krishnakumar Desai ... Respondents Prayer: Criminal Miscellaneous petition filed under Section 482 of Code of Criminal Procedure, to recall the judgment dated 09.06.2022 made in Crl.O.P.No.20286 of 2021. For Petitioner : Mr.R.John Sathyan, Senior counsel For Mr.D.Karthik For Respondents For R1 & R2 : Mr.A.Gopinath Government Advocate (Crl. Side) For R3 & R4 : Mr.V.P.Raman For Mr.Govind Chandrasekar Cont.P.No.365 of 2023 Stella ...Petitioner -Vs-Mr.Veerachamy Inspector of Police D2, Anna Salai Police Station, Chennai – 600 002 ... Respondent Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent herein for their wilful disobedience and defiance of the order of this Court dated

16.09.2022 in W.M.P.No.24077 of 2022 in W.P.No.25131 of 2022. For Petitioner : Mr.Naveen Kumar Murthy For Mr. V.P.K.Gowtham For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) COMMON ORDER The petition in W.P.No.25131 of 2022 has been filed seeking for police protection to the petitioner for the property situated at Door No.74, General Patters Road, Chennai – 600 002 (Govind Palace) by considering the petitioner's representation dated 08.09.2022.

¶2The petition in Crl.M.P.No.1657 of 2023 has been filed to recall the order dated 09.06.2022 passed by this Court in Crl.O.P.No.20286 of 2021, thereby closed the said Criminal Original Petition.

¶3The Contempt Petition in Cont.P.No.365 of 2023 has been filed to punish the respondent for non compliance of the order dated

16.09.2022, passed by this Court in W.M.P.No.24077 of 2022 in W.P.No.25131 of 2022, thereby directing the respondent to ensure the safety of the petitioner.

¶4Heard the learned counsel appearing on either side and perused the materials placed before this Court.

¶5The petition in Crl.O.P.No.20286 of 2021 was filed seeking police protection to the petitioner and her family members to enter into the property situated at old No.74, New No.78, G.P. Road, Royappettah Chennai – 600 014. When the matter was taken up for hearing on

09.06.2022, the learned Government Advocate (Crl. Side) submitted that on the request made by the petitioner, enquiry was conducted and the same was closed on 24.08.2021. Recording the said submission, this Court closed the petition for police protection by an order dated

09.06.2022.

¶6The recall petition in Crl.M.P.No.1657 of 2023 has been filed on the ground that when the criminal original petition was came up for admission before this Court on 02.12.2021, this Court observed that there seems to be counter claim and perusal of the document is very much necessary for the respondent police. Therefore, this Court directed the petitioner to appear before the respondent police on 06.12.2021 along with required documents, by an order dated 02.12.2021. When the matter was taken up for next hearing on 09.06.2022, the learned Government Advocate (Crl.Side) submitted that already enquiry was conducted and the same was closed as early as on 24.08.2021 itself.

¶7It is also seen that the sister of the petitioner in Crl.O.P.No.20286 of 2021 also filed writ petition before this Court in W.P.No.25131 of 2022, seeking police protection to enter into the property situated at Door No.74, General Patters Road, Chennai – 600

¶002She also filed miscellaneous petition in W.M.P.No.24077 of 2022 for interim direction directing the respondents 1 to 3 restraining any third person from entering or trespassing into the property situated at Door No.74, General Patters Road, Chennai – 600 002, except the petitioner and her family members.

¶8While considering the interim direction petition filed by the petitioner's sister in W.M.P.No.24077 of 2022, this Court by an order dated 16.09.2022, directed the third respondent in W.P.No.25131 of 2022, to ensure the safety of the petitioner. However, the second respondent failed to give any police protection to the petitioner's sister and as such, she filed contempt petition in Cont.P.No.365 of 2023, to punish the respondent for the wilful disobedience of the order dated

16.06.2022, passed by this Court in W.P.No.24077 of 2022 in W.P.No.25131 of 2022.

¶9While considering the recall petition in Crl.M.P.No.1657 of 2023 in Crl.O.P.No.20286 of 2021, this Court transferred the complaint to the file of the Assistant Commissioner of Police, CCB, Chennai and directed to register the FIR. Thereafter, the Assistant Commissioner of Police, CCB, Team-I, Chennai, registered FIR in Crime No.61 of 2023 for the offences under Sections 420, 447, 448, 506(i) r/w 34 of IPC, as against five accused persons. Now the investigation is pending on the file of the Assistant Commissioner of Police, CCB, Team I, Chennai. In view of the registration of FIR, now the entire issue has been seized by the investigation agency and it is pending for investigation.

¶10The learned counsel appearing for the petitioner in both petitions submitted that though the patta issued in favour of Vallabacharya Charitable Trust, it was cancelled by the revenue authority in respect of the subject property. Even after cancelling the patta issued in favour of the counter party, now the accused persons proceeded with the construction in the subject property and continued without any equity based on the orders of the Hon'ble Supreme Court of India dated

18.08.2023 in S.L.P.No.25208 of 2023.

¶11Considering the above facts and circumstances, the Assistant Commissioner of Police, CCB, Team-I, Chennai, is directed to complete the investigation and file final report in Crime No.61 of 2023 within a period of twelve (12) weeks from the date of receipt of a copy of this Order. It is made clear that the petitioner in both petitions as well as the accused persons are at liberty to produce all documents in respect of the subject property before the investigating officer and co-operate for investigation. The investigating shall be monitored by the Deputy Commissioner of Police, CCB, Chennai.

¶12With the above directions, the Writ Petition in W.P.No.25131 of 2022 and the Criminal Miscellaneous Petition in Crl.M.P.No.1657 of 2023 are disposed of. Consequently, connected writ miscellaneous petition is closed. There shall be no order as to cost.

¶13In view of the order passed in the Writ Petition, the Contempt Petition is closed. Consequently, connected Sub Application is also closed.

19.12.2023 (2/3) Internet: Yes Index : Yes/No Speaking/Non Speaking order rts To

¶1The Commissioner of Police, O/o. The Commissioner of Police, 132, EVK Sampath Road, Vepery, Periyamet, Chennai – 600 007.

¶2The Deputy Commissioner of Police, CCB, Chennai.

¶3The Assistant Commissioner of Police, CCB, Team-I, Chennai,

¶4The Assistant Commissioner of Police, Wallahjaj Road, Anna Salai, Triplicane, Chennai – 600 005. G.K.ILANTHIRAIYAN. J, rts

¶5The Inspector of Police, D2, Anna Salai Police Station, Chennai – 600 002.

¶6The Public Prosecutor, Madras High Court, Chennai. W.P.No.25131 of 2022 & W.M.P.No.24077 of 2022 Crl.M.P.Nos.1657 of 2023 in Crl.O.P.No.20286 of 2021 and Cont.P.No.365 of 2023 & Sub Appl (OS).No.134 of 2023

19.12.2023 (2/3)