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2012 Supreme(Mad) 1260

VINOD K.SHARMA
V. N. Pachaimuthu – Appellant
Versus
Superintendent Of Police Villupuram District – Respondent


Advocates appeared:
For the Petitioner:P. Valliappan, Advocate.
For the Respondents: R1 to R3 - R. Ravichandran, Addl. Govt. Pleader.

Judgment

1. The petitioner prays for issuance of writ, in the nature of prohibition, restraining the respondents 1 to 3 from proceeding with any enquiry against the petitioner in relation to the property falling in Survey Nos. 89/1 & 89/3, Kattananthal Village, Kallakurichi Taluk, Villupuram District, without following due process of law.

2. This writ petition is prima facie not competent, as this Court cannot prohibit the Police authorities to proceed with the matter in accordance with law, in case of complaint, showing cognizable offence.

3. The respondent no.4 lodged a complaint with the Inspector of Police, District Crime Branch, Villupuram, alleging fraud in dispossession of petitioner from the property, owned by him.

4. The submission of petitioner is that the Inspector of Police, instead of holding preliminary enquiry to find out the truth of allegations and thereafter proceed with the complaint in accordance with law under Section 154 r/w Section 157 of the Code of Criminal Procedure, issued notice to the petitioner u/s. 160 of the Code of Criminal procedure.

5. The respondent no.4 filed a complaint alleging therein that she was owner of the property, on the basis of sale de








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