Umapathy v. Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.23088 of 2012 and M.P.No.2 of 2012 Umapathy ...

Petitioner/ Accused Vs.

1.State, rep. by Sub-Inspector of Police, District Crime Branch, Kancheepuram.

...

Respondent /Respondent 2.K.Natarajan ...

Respondent/ Defacto complainant.

Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records comprised in CR.NO.31/2011 on the file of Inspector of Police DCB Kancheepuram.

For Petitioner : Ms.C.Sangamithirai For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor for R1 : Mr. K.G.Senthilkumar for R2

O R D E R

This petition has been filed seeking to call for the records comprised in CR.NO.31/2011 on the file of Inspector of Police DCB Kancheepuram.

2.The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as Accused in the case in Crime No.31 of 2011.He would submit that the defacto complainant was preferred a complaint before the first respondent and the same was registered under Sections 465, 468, 471 and 420 of IPC.

3.The case of the prosecution is that the defacto complainant one Mr.Natarajan and Mr.Vedhachalam were brothers and joint owners of the Scheduled property mentioned in the FIR. After the death of Mr.Vedhachalam, his daughter Mrs. Bhavani and one Mr. Umapathy colluded together and created a false power of attorney and sold the scheduled property to one Mr.Mukundan via sale deed dated 07.09.2007.

https://hcservices.ecourts.gov.in/hcservices/

4.The learned counsel appearing for the petitioner would further submit that, it would suffice, if this Court permits the petitioner to furnish the particulars before the law enforcing agency to prove his innocence and issue direction to the law enforcing agency to complete the investigation within a time frame.

5.The learned Additional Public Prosecutor concedes to the request made by the learned counsel appearing for the petitioner and on instructions, he would further submit that the investigation will be completed within the time frame fixed by this Court.

6.Considering the limited request made by the learned counsel appearing for the petitioner, this Court without going into the merits of the case, is inclined to issue direction to the law enforcing agency to complete the investigation in Crime No.31 of 2011, after giving opportunity to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to co-operate with the law enforcing agency for early completion of the investigation.

7.This Criminal original petition is disposed of. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar Jrs To 1.The Sub-Inspector of Police, District Crime Branch, Kancheepuram 2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1cc to Ms.C.Sangamithirai, Advocate, S.R.No. 408 +1cc to Mr.K.G.Senthil Kumar, Advocate, S.R.No. 883 Crl.O.P.No.23088 of 2012 and M.P.No.2 of 2012 CA (CO) GN(03/02/2020) https://hcservices.ecourts.gov.in/hcservices/