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Madras High CourtCRL OP/21886/2015closed

G.R. Kanagavalli v. State Rep. By

2015-09-15Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.21886 of 2015 G.R.Kanagavalli .. Petitioner Vs State, rep. by The Inspector of Police, Namakkal Police Station, Namakkal .

.. Respondent PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to register the petitioner's complaint dated 29.06.2015 in accordance with law. For Petitioner : Mr.M.Saravana Kumar For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent to register the petitioner's complaint dated 29.06.2015 in accordance with law.

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

3. On a reading of the complaint, it appears that the petitioner has given Power of Attorney to the opposite party in the year 2007, on the strength of which, the opposite party has sold the property. Now, it is contended by the petitioner that the Power of Attorney was not given with the intention to sell the property.

4. In the considered opinion of this Court, the Police cannot be directed to enquire into such matters, as it is not the case of the petitioner that, the Power of Attorney was a forged one. Whether he had the necessary intention at the time of executing the Power of Attorney in the year 2007, can be gone into only in the civil proceedings.

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5. Hence this Criminal Original Petition is closed with liberty to the petitioner to work out her remedy in the manner known to law. -Sd/- Assistant Registrar //True copy// Sub Assistant Registrar ds To

1. The Inspector of Police, Namakkal Police Station, Namakkal

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.Saravanakumar,Advocate(sr.50757) Crl. O.P. No.21886 of 2015 mp(co) cp 05/10/2015 https://hcservices.ecourts.gov.in/hcservices/