Gayathri v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2021

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P No.6892 of 2021 and Crl.M.P.No.4578 of 2021 1.Gayathri 2.Thirumurugan ... Petitioners vs.

1.State Rep. by its Inspector of Police, CBCID Police Station, Puducherry.

2.K.Rajeshwari ... Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating in FIR copy in Crime No.2 of 2015 dated 15.02.2015 on the file of the first respondent police and quash the same. For Petitioners: Mr.G.Mohammed Aseef For R1 : Mr.M.Mohammed Riyaz, Additional Public Prosecutor * * * * *

O R D E R

The Criminal Original Petition has been filed to call for the records relating in FIR copy in Crime No.2 of 2015 dated 15.02.2015 on the file of the first respondent police and quash the same.

2.The learned counsel appearing for the petitioners submitted that the first petitioner is the daughter and the second petitioner is the son-in-law of one Perumal Gounder. The entire issue revolved around the above said Perumal Gounder. The said Perumal Gounder has executed a Sale deed vide Document No.503/1983 in favour of one Kannabiran. The defacto complainant is the subsequent purchaser of the above said property. The main contention raised by the petitioners was on limitation under Section 468 of the Code of Criminal Procedure, which is not applicable in this case.

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3.The learned Additional Public Prosecutor appearing for the first respondent submitted that the petitioners shall be directed to appear before the respondent police and produce the relevant documents and contemporary signatures of the above said Perumal Gounder and also directed to produce the documents on which, they are in rightful possession of the property. After obtaining the documents from the petitioners, the respondent police is directed to verify the signatures and documents and file the final report, within a period of three months therefrom.

4.The learned counsel appearing for the petitioners requested this Court to fix a date for the petitioners to appear before the respondent police.

5.In view of the above, the petitioners are directed to appear before the respondent police between 26.04.2021 and 30.04.2021 and thereafter as and when required by the Investigating Officer.

6.Accordingly, this Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ah To 1.The Inspector of Police, CBCID Police Station,Puducherry.

2.The Public Prosecutor, High Court,Madras.

+1 cc to Mr.G.Mohammed Aseef,Advocate Sr No.22944 Crl.O.P No.6892 of 2021 15.04.2021 GPL(CO) RG.23.03.2021(2P/4C) https://hcservices.ecourts.gov.in/hcservices/