ORDER :

1. This Criminal Original Petition has been filed praying to quash the proceedings in Crime No.692 of 2017, on the file of the respondent Police.

2. The brief facts of the case are as follows:-

(i) J.M.H.I fish market, Chindatharipet, originally belongs to one C.R.Balusamy Iyyar. The land and building area of the said fish market has as an extent of 9077 Sq.ft. The original owner viz., Balusamy Iyyar mortgaged the property in a Nationalized Bank, 27 years back. Subsequently, there was default in paying the loan amount. The Bank instituted recovery proceedings before the Deputy Recovery Tribunal(DRT). In the meanwhile, the original land owner approached one J.M.Haroon, Ex.M.P., who purchased the property, which was registered as sale document No.1235/2017, before the Periyamedu S.R.O., on 03.05.2017.

(ii) After purchasing the property, the owners summoned the fishermen for peace talk to determine the rent wherein some of the fishermen signed the agreement. Thereafter, the 1st petitioner issued life threat against the said J.M.Haroon and his son. Moreover, the 1st petitioner and his henchmen collected rents illegally from the fishermen and also attempted to restrain the rightful owner from entering into the fish market. On 28.04.2017, the first accused renege his version, gathered all accused along with unruly mob, held demonstration and agitation against the defacto complainant Management, vilify the name of J.M.Haroon, Ex.M.P., threatened him as well as his family members.

(iii) Subsequently, the accused continued daily collection with the help of henchmen, added fuel by promoting communal animosity between Hindu- Muslim, in order to create riot and Law & Order problem. Therefore, on 01.05.2017, one Imran Khan gave a complaint before the Inspector of Police. Since the police has not taken any effective steps, a petition under Section 156(3) Cr.P.C., has been filed before the XIV Metropolitan Magistrate Court, Egmore, Chennai and consequent to the order issued by the learned Magistrate, the 1st respondent police registered a case against the petitioners.

3. Mr.R.Thirumurthy, the learned counsel appearing for the petitioners would submit that the complainant is working as Manager in J.M.Haroon Company, he filed a complaint under Section 156(3) of Cr.P.C., before the Hon'ble XIV Metropolitan Magistrate, who in turn, forwarded the same to the 1st respondent police. The 1st respondent registered FIR in Crime No.692 of 2017, for offences under Sections 143, 341, 294(b), 506(1) and 417 of IPC.

4. It was further contended by the learned counsel for the petitioners that there are 19 wholesalers, 200 retailers and 10,000 fishermen depend on this fish market, for their daily livelihood. The 1st petitioner – G.R.Apparaj is the President of 'Chintardripet Fish and Perishables Merchants' Association'. (in short 'the Association'). In 1990, the Association made agreement for the property with the original owner, paid Rs.90,000/-, as advance. Though the original owner of the fish market promised to sell the property to the Association, he sold the market to the former Congress MP J M Haroon Rashid, contrary to the agreement. The price quoted for the market was Rs 5.4 crore and the Association paid an Advance of Rs.25,00,000/-. The sale deed between the original owner C.R.Balusamy Iyyar group and J.M.Haroon group in Doc.No.1235/2017 is a questionable one. The payment particulars shown in the document are doubtful.

5. It is his further submission that the said J.M.Haroon, his son J.M.H.Imrankhan, and 200 others entered into the fish market with deadly weapons and threatened the petitioner association with dire consequences, further fixed an advance of Rs.2,00,000/- per shop, increased the rent to Rs.25,000/- per month, putting pressure on the businessmen to leave the place. Therefore, the 1st petitioner, as the President of the Association, made a complaint on 26.04.2017, to the Sub-Inspector of Police, Chintadaripet, which was assigned with CS