R.Victor Raj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.14178 of 2016 and Crl.MP.NO.7211 of 2016 R.Victor Raj .. Petitioner Vs 1.State represented by The Inspector of Police, K-2, Ayanavaram Police Station, Chennai - 23.

(Crime No.1624 of 2011)

2. ALS Jayanthi Kannappan .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the FIR registered in Crime No.1624 of 2011 for the offences under Section 465, 467, 468 and 471 r/w 420 IPC on 15.11.2011.

For Petitioner :

Mr.R.Malarvannan For respondents :

Mr.C.Emalias Addl.Public Prosecutor

O R D E R

This criminal original petition has been filed to call for the records and quash the FIR registered in Crime No.1624 of 2011 for the offences under Section 465, 467, 468 and 471 r/w 420 IPC on 15.11.2011.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the Respondents.

3. On a complaint lodged by one ALS.Jeyanthi Kannappan, the Inspector of police, K-2, Ayanavaram Police Station, Chennai - 23, registered a case in Crime No.1624 of 2011 on 15.11.2011 for offences under Sections 465, 467, 468 and 471 r/w 420 IPC against one Kannappan and two others, challenging which, Victor (A2) is before this Court for quashing the FIR.

4. It is the allegation of the defacto complainant that the property in question, in which Ayanavaram Police Station is located, belongs to Villian Chettiyar and thereafter, ALS.Kannappan, who is the grandson of Villian Chettiyar and who is the husband of the defacto-complainant, acquired title to the property. While so, one Kannappan (A1) is alleged to have given a Power of Attorney to Victor Raja (A2) in respect of the property who has no title and on the strength of the Power of Attorney, the property has been sold.

5. Taking into consideration the nature of the alleagation in the FIR, The Commissioner of Police, Chennai, vide proceedings dated 01.09.2014, transferred the investigation in Crime No.1624 of 2011 from the file of the K-2 Ayanavaram Police Station, to the file of the Central Crime Branch and now, the case is investigated by the Inspector of Police, Central Crime Branch, ALGSC, Team - 16, Chennai.

6. The learned Additional Public Prosecutor also produced sufficient materials to show the progress of the investigation and the same cannot be disclosed at this stage, as they are information from the case diary. Since there are prima facie materials for investigation to proceed, this is not a fit case to quash the FIR. However, the Inspector of Police, CCB, ALGSC is directed to complete the investigation of the case in Crime No.1624 of 2011 ( formerly on the file of the K-2 Ayanavaram Police Station) within a period of six months from the date of receipt of a copy of this order. The investigation shall be monitored by the Assistant Commissioner of police, Central Crime Branch, since the allegations are very serious in nature.

In view of the above, the criminal original petition is closed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar sms

To

1. The Inspector of Police, K-2, Ayanavaram Police Station, Chennai - 23.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.N.Mohideen Basha, Advocate SR NO 42670 Crl.OP No.14178 of 2016 MP1[CO] GP/