Madras High CourtCRL OP/386/2023disposed of

Anusuya v. Assistant Commissioner Of Police

2023-01-09Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Anusuya ... Petitioner Vs.

1. The Assistant Commissioner of Police, Land Grabbing and Prevention Division, Vepery, Chennai - 600 007.

2. The Inspector of Police, Land Grabbing and Prevention Division, Vepery, Chennai - 600 007.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to direct the 2nd respondent / The Inspector of Police, Land Grabbing and Prevention Wing, A Greater Chennai Vepery, Chennai - 600 007 to register FIR based on the petitioner complaint dated 16.08.2022. For Petitioner : Mr.B.Chandran For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to direct the 2nd respondent / The Inspector of Police, Land Grabbing and Prevention Wing, A Greater Chennai Vepery, Chennai - 600 007 to register FIR based on the petitioner complaint dated 16.08.2022.

2.The learned counsel for the petitioner submitted that the petitioner's mother owns a property in Survey No.261/B measuring 346.50 square feet at Perambur High Road, Chennai. The accused in complaint dated 16.08.2022 fabricated the general power of attorney, as if it was executed by the mother of the petitioner. The accused B.R.Ravi executed power of attorney with his wife Shanthi. Therefore, a complaint was given against the B.R.Ravi. But, till now, no action was taken. Therefore, the present petition is filed.

3. The learned Government Advocate (Crl.Side) submitted that, based on the complaint lodged by the petitioner's side enquiry was conducted in C.S.R.No.581 of 2022. After enquiry it came to light that the complainant's mother had executed power of attorney in favour of B.R.Ravi. Therefore, the complaint was closed as mistake of fact.

4. Recording the submission made by the learned Government Advocate( Crl. Side), this Criminal Original Petition is disposed of with liberty to the petitioner to work out her remedy in the manner known to law. 09.01.2023 Index :Yes/No Internet:Yes/No Sma To

1. The Assistant Commissioner of Police, Land Grabbing and Prevention Division, Vepery, Chennai - 600 007.

2. The Inspector of Police, Land Grabbing and Prevention Division, Vepery, Chennai - 600 007.

3. The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN, J.

Sma 09.01.2023