BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.N. PRAKASH, J.
V. Pandiaraj - Petitioner
Vs.
The Superintendent of Police – Respondent
W.P.(MD) No.2706 of 2016
Decided on : 26.02.2016
Coercion - Property Dispute - The court directed the respondent police to proceed with the enquiry and not coerce the petitioner to cancel the document during the investigation.
Fact of the Case:
The petitioner sought a direction to forbear the police from coercing him to execute a release deed in a civil dispute regarding a property. The police were conducting an enquiry based on a complaint by the 6th respondent alleging fabrication of a settlement deed.
Finding of the Court:
The court directed the police to proceed with the enquiry and not coerce the petitioner to cancel the document during the investigation.
Issues: Coercion by police in a civil property dispute, fabrication of settlement deed, direction sought by the petitioner.
Ratio Decidendi: The court found that the police should proceed with the enquiry and, if a cognizable offence is made out, they can register an FIR. However, the police should not coerce the petitioner to cancel the document during the investigation.
Final Decision: The Writ Petition and connected miscellaneous petition are closed with no costs.
This writ petition has been filed, seeking a direction to forbear the 3rd respondent police from coercing the petitioner to execute release deed in favour of 5th and 6th respondents by interfering in a civil dispute in O.S.No.72 of 2008 on the file of District Munsif Court, Senkottai in respect of the property in Resurvey No.79/5B and 80/5 Ayakudi, Tenkasi, Tirunelveli District.
2. Heard Mr.G.Prabhu Rajadurai, learned counsel for the petitioner, Mr.S.C.Herold Singh, learned counsel for R5 & R6 and Mr.R.Karthikeyan, learned Additional Government Pleader appearing for the State.
3. It is seen that on a complaint lodged by the 6th respondent herein, petition enquiry is being conducted by the respondent police and summons have also been issued to the petitioner for his appearance. The crux of the allegation in the complaint is that the petitioner herein has fabricated the settlement deed registered by Doc.No.1843 of 2011 in respect of the property belonging to the Society, being run by the 6th respondent. Therefore, it is imperative upon the police to proceed with the enquiry.
4. However, it is contended by Mr.G.Prabhu Rajadurai, learned counsel for the petitioner that Police are forcing the petitioner to cancel the document, which is strongly refuted by Mr.S.C.Herold Singh, learned counsel for R5 & R6 as well by learned Additional Government Pleader.
5. Under such circumstances, this Court directs the respondent police to proceed with the enquiry and during enquiry, if the commission of a cognizable offence is made out, it is open to the respondent police to register an FIR. During enquiry, Police shall not coerce the petitioner to cancel the document.
With the above direction, this Writ Petition is closed. No costs.
Consequently, connected miscellaneous petition is closed.
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