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Madras High CourtCRL OP/1226/2016disposed of

Mrs.G.Vimalatha v. The Commissioner Of Police

2016-01-27Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.1226 of 2016 G.Vimalatha .. Petitioner Vs

1. The Commissioner of Police, Greater Chennai, Vepary, Chennai -7.

2. The Inspector *of Police, K-2, Ayanavaram Police Station, Chennai - 101 .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the first respondent to register and investigate the complaint dated 04.01.2016 by the Central Crime Branch-Document Forgery Cell, Chennai.

For Petitioner :Mr. C.Selvakumar For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

The present criminal original petition has been filed to direct the first respondent to register and investigate the complaint dated 04.01.2016.

2. In the petition, it has been stated that in the absence of this petitioner, her uncle Sambath Kumar and his wife Parveen illegally trespassed into the petitioner's flat and occupied the same. They also created a forged document in the name of the said Sampath Kumar and changed the property tax, CMWSSB and electricity connection in his name by cheating the government authorities and by creating forged documents. When the petitioner questioned the said illegal act, the said persons have abused the petitioner with filthy language and threatened her with dire consequences. Hence, the petitioner has lodged a complaint before the Commissioner of Police on 27.05.2015 and the said complaint was sent to the second respondent police. After lapse of 7 months, on 07.12.2015, the second respondent called the petitioner and advised her to approach the Central Crime Branch-Documents Forgery Cell,

Chennai. According to the petitioner, once again, she lodged a complaint before the Commissioner of Police on 04.01.2016. But, till date, no action has been taken on the said complaint. Hence, the present criminal original petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

*"4.Considering the submissions made on either side, this Court directs the petitioner to give a fresh complaint before the Deputy Commissioner, CCB, Chennai. On receipt of such complaint, the Deputy Commissioner, CCB, Chennai, is directed to nominate an Officer to investigate the case. It is further directed, if materials are gathered indicating commission of any cognizable offence, the Investigating Officer, to be nominated by the Deputy commissioner, shall proceed further in accordance with law, as early as possible."

5. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) Dated:11/2/2016 *Corrected as per order of this court dated 16.2.2016 by RPSJ and made in Crl.O.P.No.1226 of 2016 Sd Assistant Registrar(CS-VI) Dated:23/2/2016 //True Copy// Sub Assistant Registrar mrp To:

1. The Commissioner of Police, To be Substituted to the Greater Chennai, order already despatched on Vepary, Chennai -7.

12.2.2016

2. The Inspector *of Police, K-2, Ayanavaram Police Station, Chennai - 101

3. The Public Prosecutor, High Court, Madras.

*4.The Deputy Commissioner, CCB, Chennai.

+ 1 cc Mr.C. Selvakumar, Advocate Sr.5348 Crl.O.P.No.1226 of 2016 KGK(CO) EU 11.02.16 srg 23/02/2016