BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. VAIDYANATHAN, J.
P. Ramaiah – Petitioner
Vs.
Commissioner of Police, Police Commissioner Office, Trichy – Respondent
CRL O.P. (MD) No. 22366 of 2015
Decided On : 6-1-2016
Criminal Produce Code, 1973 - Section 91 - Police Protection to petitioner - Seeking a direction - 3rd respondent had already stolen away land documents of TELC and fraudulently sold properties in name of Secretary of TELC and as on date, there are nine FIRs pending against him for having disposed of lands of TELC to tune of Rs.250 lakhs - It is submission of petitioner that petitioner made a complaint against 3rd respondent on 20.08.2015 before respondent and no action has been taken thereon - Held, Petitioner has misled this Court and wasted time of judiciary as well as administration by filing such frivolous petition - To add fuel to the flames, petitioner has produced an order of this Court - We are constrained to say that more often than not, process of Court is being abused. Property grabbers, tax evaders, Bank loan dodgers, and other unscrupulous persons from all walks of life find court process a convenient lever to retain illegal-gains indefinitely. We have no hesitation to say that a person, whose case is based on falsehood, has no right to approach Court - He can be summarily thrown out at any stage of litigation” - This Court finds no reason to grant relief sought by petitioner, mainly on the ground of maintainability of this petition, as Rt. Rev. Dr. H.A. Martin is not before this Court - Secondly, petitioner has not approached this Court with clean hands - Pettion is dismissed.
1. This petition has been filed, seeking a direction to the 1st and 2nd respondents to give Police Protection to the petitioner, Rt. Rev. Dr. H.A. Martin and office bearers of TELC on 28.11.2015 and two months thereafter at Tranquebar House, Trichy-1 to avoid untoward incidents.
2. The case of the petitioner in nutshell is as follows:-
(i) The petitioner has submitted that he is an Advocate and appointed as Legal Adviser of Tamil Evangelical Lutheran Church (in short TELC) by Rt. Rev. Dr. H.A. Martin, Bishop TELC. It is submitted that though Rt. Rev. Dr. H.A. Martin, Bishop TELC has been elected legally, Mr. E.D. Charles causes hindrance to the smooth administration in respect of Churches, Schools, Colleges and other related offices all over Tamil Nadu and as per the bylaw, Rt. Rev. Dr. H.A. Martin, Bishop TELC is the competent authority to run and govern TELC.
(ii) The petitioner has further submitted that the 3rd respondent, by calling himself as a self styled Secretary, is trying to grab the lands of TELC by way of parallel functioning against the present lawfully elected Rt. Rev. Dr. H.A. Martin, Bishop TELC. The 3rd respondent had already stolen away the land documents of TELC and fraudulently sold the properties in the name of Secretary of TELC and as on date, there are nine FIRs pending against him for having disposed of the lands of TELC to the tune of Rs.250 lakhs.
(iii) It is the submission of the petitioner that the petitioner made a complaint against the 3rd respondent on 20.08.2015 before the respondent and no action has been taken thereon. Instead, the respondent, at the instigation of the 3rd respondent, started foisting false cases against TELC Church and Rt. Rev. Dr. H.A. Martin, Bishop TELC and in this regard, the petitioner filed a complaint seeking disciplinary action against the 2nd respondent before this Court in W.P. (MD) No. 20440 of 2015, which is pending till now.
(iv) It is the further submission of the petitioner that the respondent, with an intention to take over the Central Office, TELC has been trying to create bad reputation to the TELC Church in the General Body meeting scheduled to be conducted on 28.11.2015 and if it is permitted to convene the meeting at Tranquebar House, Trichy, there will be a clash with the office bearers of TELC, which forced the petitioner to represent to the Home Secretary as also other Higher Authorities for suitable action. Since there was no response, the petitioner has knocked at the doors of this Court, seeking the relief stated supra.
3. The 2nd respondent has filed a counter, by inter alia contending as under:
(i) It is stated that a case in Crime No. 679 of 2015 for offences under Sections 147, 148, 448, 294(b), 342 and 506(ii) IPC r/w Section 4 of Women Harassment Act on the complaint of one Selvi, W/o Selvaraj and arrested H.A. Martin and nine others and also obtained statements under Section 161(3) Cr. P.C. Besides that, it is stated that the 2nd respondent has also enquired into the complaint lodged against the TELC land grabber, namely, E.D. Charles and his henchmen and registered a case in Crime No. 789 of 2014.
(ii) It is further stated that the petitioner originally had given a complaint against the 3rd respondent and other persons, including a retired Judge, for which CSR No. 234 of 2015 was issued to the petitioner and thereafter, a summon was also issued to him to appear before the Inspector of Police, Palakkarai Police Station, Trichy City. However, the petitioner neither attended the enquiry held on 08.09.2015 nor produced any documents in support of his contentions made in the complaint. Thereafter, another summon under Section 91 Cr. P.C. was issued to the petitioner to attend the hearing on 11.10.2015 in the Palakkarai Police Station, Trichy. Even the petitioner has not attended any enquiry and did not care to send any reply.
(iii) The 2nd respondent has stated that several litigations are pending between one office bearer and the other b
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