HC stays summons issued to DMDK legislator in land grabbing case
Posted on: 11:55 AM IST Sep 13, 2013
Madras High Court on Thursday stayed the summons issued to DMDK legislator Mohanraj to appear before police at Salem on August 30 in an alleged land grabbing case.
Justice P Devadass, who passed the interim orders on a Criminal Original Petition filed by Alagapuram R Mohanraj, issued the stay order till September 18.
The prosecution case was that Mohanraj has encroached on a vacant land of one Rajamanickam by demolishing a wall. When the owner attempted to reconstruct it, he reportedly abused and threatened to hire rowdy elements to murder him.
Mohanraj moved the Court which granted him anticipatory bail on January 18, 2012. As per it's directions, he appeared before police for four weeks. Police then issued a notice under Sec 160(1) of CrPC, asking him to appear with documents pertaining to his property.
Police had issued a notice asking him to appear on Aug 30 which he challenged through a CoP. Mohanraj submitted that an accused may not be compelled to produce evidence against himself and any order by a police officer summoning or asking for production of a document from the accused was illegal and violative of fundamental right against self-incrimination under Article 20(3) of the Constitution.
He further prayed for quashing the summons till disposal of the petition sought a stay on the summons.