J.Sundarajan v. The Deputy Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH CRL.O.P.No.25668 of 2015 J.SUNDARAJAN ... PETITIONER Vs

1. THE DEPUTY COMMISSIONER OF POLICE ANNA NAGAR RANGE CHENNAI

2. THE ASSISTANT COMMISSIONER OF POLICE VILLIVAKKAM RANGE CHENNAI

3. THE INSPECTOR OF POLICE V1 VILLIVAKKAM POLICE STATION CHENNAI ... RESPONDENTS Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 3rd respondent to register the case based on the petitioner's complaint dated 02.10.2015. For Petitioner : Mr.S.Nambirajan For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the 3rd respondent to register the petitioner's complaint dated 02.10.2015.

2. It is the case of the petitioner that he is residing at No.32, Mounasamy Madam Street, Villivakkam, Chennai-49. The petitioner is having three brothers and two sisters. The petitioner's father Jayapandi died on 30.08.2015. The

petitioner's father executed a Will in favour of his four sons including the petitioner. The petitioner's father settled all the sons and daughters, when he was alive the sisters of the petitioners had received all the benefits from the parents house. After the death of the petitioner's father, the petitioner's sister Mallika along with her husband Jayakumar committed criminal trespass into the petitioner's house illegally by creating a forged Will, she entered and occupied the petitioner's property. When the same was questioned by the petitioner, he was abused and intimidated by them. Hence, the petitioner lodged a complaint on 02.10.2015. On receipt of the said complaint, CSR has been assigned in CSR No.402 of 2015. Since there is no subsequent progress on the said complaint, this petition has been filed.

3. When the matter is taken up for consideration, learned Additional Public Prosecutor submitted that there was a counter complaint against this petitioner in CSR.No.371 of 2015.

4. Considering the submissions made on either side, this Court directs the respondent police to enquire into both the complaints and take action in accordance with law, preferably within a period of two months.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gya To

1. THE DEPUTY COMMISSIONER OF POLICE ANNA NAGAR RANGE CHENNAI

2. THE ASSISTANT COMMISSIONER OF POLICE VILLIVAKKAM RANGE CHENNAI

3. THE INSPECTOR OF POLICE V1 VILLIVAKKAM POLICE STATION CHENNAI

4. THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

Crl.O.P.No.25668 of 2015 GJ(CO) CA(25/11/2015)