Mrs.Padmavathy v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2015
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26254 of 2015 Padmavathy ... Petitioner Vs 1.The State rep by The Commissioner of Police, Vepery, Chennai - 600 007.
2.The Sub Inspector of Police, H-8, Thiruvotriyur Police Station, Chennai - 600 019.
... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 2nd respondent to register the case on the complaint dated 16.07.2015 lodged by the petitioner with the 2nd respondent.
For Petitioner :
Mr.P.K.Mohanvel For Respondents:
Mr.C.Emalias, Additional Public Prosecutor.
O R D E R
The present criminal original petition has been filed seeking a direction to the second respondent to register a case based on the complaint given by the petitioner dated 16.07.2015.
2. The petitioner herein lodged a complaint as against one Sasikala,Wife of P.Rajan, stating that the said Sasikala offered to sell her property measuring to an extent of 672 sq.ft consisting of ground and two floors. The said Sasikala also informed the petitioner that since her husband had deserted her and her three children, in order to solemnize the marriage of her elder daughter, she chose to sell the property. The petitioner purchased the property by way of a registered sale deed dated 10.12.2014 registered as Document No.9005 of 2014 on the file of the SRO, Thiruvottiyur, Chennai. It is further stated that at the time of executing the sale deed, the said Sasikala requested the petitioner to grant three months time to vacate the second floor portion.
The petitioner also, https://hcservices.ecourts.gov.in/hcservices/
considering the education of the children, permitted said Sasikala to occupy the second floor. While so, on 16.07.2015 when the petitioner went to the second floor, the said Sasikala and her children were not there and one Rajan, who is said to be the husband of said Sasikala, was there. The petitioner informed him that she purchased the said property and asked him to vacate the premises. On hearing the same, the said Rajan quarrelled with the petitioner and abused her with filthy language.
Hence, the petitioner lodged a complaint on 16.07.2015. Since no action was taken by the respondents till date, the petitioner came forward to file this petition.
3. Today, when the matter is taken up for consideration, the learned Additional Public Prosecutor submitted that the complaint lodged by the petitioner was transferred to Central Crime Branch, Team No.18 for investigation. He would further submit that the said Rajan also lodged a similar complaint and the same is pending in C.S.R.No.461 of 2015.
4. Considering the submission made by the learned Additional Public Prosecutor, the Central Crime Branch, Team No.18 is directed to conduct enquiry in respect of both the complaints and if materials are gathered indicating commission of a cognizable offence, the Central Crime Branch, Team No.18 is directed to proceed further in accordance with law. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gpa To
1. The Commissioner of Police, Vepery, Chennai - 600 007.
2. The Sub Inspector of Police, H-8, Thiruvotriyur Police Station, Chennai - 600 019.
3. The Public Prosecutor, High Court, Madras.
4. The Additional Public Prosecutor, Central Crime Branch, Team No.18, Chennai.
5. The Inspector, Central Crime Branch, Team No.18, Chennai.
+ 1 cc to Mr.P.K. Mohanvel, Advocate Sr.61836 Crl.O.P.No.26254 of 2015 AK(CO) EU 27.11.15 https://hcservices.ecourts.gov.in/hcservices/