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Madras High CourtCRL OP/2662/2018disposed of

S.Geethalakshmi v. The Sub-Inspector Of Police

2019-02-11Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2662 of 2018 S.Geethalakshmi

...Petitioner

Vs.

The Sub Inspector of Police/ Investigation Officer, Central Crime Branch -II, Team -I, O/o commissioner of Police, Vepery, Chennai.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent police to permit the petitioner to take the assistance of the private forensic expert for inspection and for taking photograph of the disputed signatures and thumb impression in the forged document dated 20.04.1998 bearing registration No.24/1998 in the officer of S.R.O., Marakanam, for filing a report to enable the respondent to conduct further investigation.

For Petitioner : Mr.N.Suresh For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner under Section 482 of Cr.P.C. to direct the respondent police to permit the petitioner to take the assistance of the private forensic expert for inspection and for taking photograph of the disputed signatures and thumb impression in the forged document dated 20.04.1998 bearing registration No.24/1998 in the officer of S.R.O., Marakanam, for filing a report to enable the respondent to conduct further investigation.

2.The learned counsel appearing for the petitioner would submit that the petitioner / defacto complainant is

the blind person, therefore, the accused has cheated him. Accordingly, the petitioner seeks permission of this Court to take the assistance of the private forensic expert for inspection and for taking photograph of the disputed signatures and thumb impression in the forged document dated 20.04.1998 bearing registration No.24/1998 in the officer of S.R.O., Marakanam, for filing a report to enable the respondent to conduct further investigation. Hence, this petition.

3.The learned Additional Public Prosecutor would submit that the case has been registered as against the accused in Crime No. 8/2013 for the offences under Sections 465, 468,471, 420, 419, 294(b) and 506(ii) IPC. Enquiry has been conducted and closed as mistake of fact. Thereafter, the respondent police also filed charge sheet before the Judicial Magistrate, Thiruvallur in R.C.S.No.36 of 2017. On receipt of the same, the Special Court for Land grabbing Cell, Thiruvallur District issued notice to the defacto complainant / petitioner and on the first date of hearing, the defacto complainant was absent and as such the matter was adjourned to 26.02.2019. 4.Considering the above facts and circumstances of the case, the petitioner is hereby directed to appear before the concerned jurisdictional Court, for Land grabbing, Thiruvallur District on 26.02.2019. Liberty is also granted to the petitioner to file his objections to the R.C.S.No.36/2017.

5.With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vsn/kas To 1.The Special Court for Land grabbing Cases, Thiruvallur District 2.The Sub Inspector of Police/ Investigation Officer, Central Crime Branch -II, Team -I, O/o commissioner of Police, Vepery, Chennai.

3.The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr. N.Suresh, Advocate SR.No. 12028 Crl.O.P.No.2662 of 2018 A.SK(06/03/2019)