Madras High Court: N. Anand Venkatesh, J., while addressing the present petition expressed that:
“This is the third occasion, in the last one month, where the notice of this Court has been drawn to the advocates indulging themselves in criminal activities by forming part of an unlawful assembly.”
Bench after taking into consideration the fraud committed by the 5th respondent initiated the proceedings for perjury and directed the Registrar General to file a complaint under Section 340 CrPC.
5th respondent was detained and it was seen that he was able to instigate others to act on his behalf and on his investigation, 6th and 7th respondents herein along with certain persons calling themselves as Advocates, seemed to have made an attempt to break open the lock in the property and take forcible possession of the same.
Petitioner immediately gave a complaint in the above regard and since no FIR was registered, he approached the XVI Metropolitan Magistrate’s Court, by filing an application under Section 156(3) of CrPC and an order came to be passed on 14-12-2020 directing the police to register an FIR and conduct investigation.
The threat exerted by the respondents 5 to 7 continued and it was informed that everyday, a group of persons come to the subject property and create law and order problem. It was also reported that some of the advocates also formed part of this unlawful assembly. Due to the presence of the advocates, respondent police hesitated to give police protection to the property.
Bench in view of the facts and circumstances of the case stated that the lockdown period has again revived the despicable practice wherein the advocates indulge in illegal activities of grabbing properties.
Hence, it is high time that the Court comes down heavily and stop such activities before it goes out of control.
Therefore, Court directed the 4th respondent to provide necessary police protection to the property of the petitioner and the names of the advocates involved in the said incident to be gathered.
This report will form the basis for this Court to give a complaint before the Bar Council of Tamil Nadu and Pondicherry against the concerned advocates.
Matter to be posted on 02-03-2021. [P.S. Kirubakaran v. Commr. of Police, Vepery; 2021 SCC OnLine Mad 508; decided on 08-02-2021]