R.Sivakumar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.16804 of 2015 R.Sivakumar ... Petitioner Vs 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

2.The Inspector of Police, Team XXIII, Police Commissioner Office, Vepery, Chennai-600 007.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents to register a case on the petitioner's complaint dated 01.06.2015, investigate and file final report.

For Petitioner : Mr.N.Manokaran For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

Seeking a direction to the respondents to register a case on the petitioner's complaint dated 01.06.2015, investigate the same and to file final report, the petitioner has come up with this petition.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents and perused the material placed on record.

3.It appears that on the complaint dated 01.06.2015 given by the petitioner, the respondent police appeared to have been perfunctorily conducted enquiry and closed the same as civil in nature on 15.06.2015.

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

4.It is the case of the petitioner that his father died leaving several properties and five legal heirs, one of them being the petitioner herein. The three other legal heirs have joined together and executed a Release Deed in favour of R.Udhayakumar on 26.05.2004, wherein it is stated that they are only four legal heirs for the deceased, T.K.Ramachandran and that the Release Deed is for 3/4th shares in the properties. In other words, the existence of the petitioner, as the legal heirs of Ramachandran, has been suppressed and the document has been executed in favour of R.Udhayakumar. It is seen that the said R.Udhayakumar is a Deputy Superintendent of Police.

5.Under such circumstances, this Court directs the Deputy Commissioner of Police, in charge of Central Crime Branch, Team-17, Chennai, to conduct further enquiry in respect of the complaint given by the petitioner and also on all these aspects. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mps To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

2.The Inspector of Police, Team XXIII, Police Commissioner Office, Vepery, Chennai-600 007.

3.The Public Prosecutor, High Court, Chennai.

4.The Deputy Commissioner of Police in charge of Central Crime Branch, Team - 17, Chennai.

+1cc to Mr.N.Manokaran, Advocate, S.R.No.34446 Crl.OP.No.16804 of 2015 RV(CO) CA(21/07/2015) https://hcservices.ecourts.gov.in/hcservices/