Madras High CourtCRL OP/27696/2015disposed of

R.Shanthi v. The State Rep By

2015-11-23Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.27696 of 2015

1. R.Shanthi

2. T.Raghu .. Petitioners ..vs..

The State rep. By Sub Inspector of Police, Somangalam Police Station, Kancheepuram District.

..Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent police to register the complaint dated 12.09.2015 and take appropriate action.

For Petitioner : Mr.G.Appavu For Respondent :

Mr.Emalias Additional Public Prosecutor

O R D E R

The present petition has been filed seeking a direction to the respondent police to register the complaint dated 12.09.2015.

2. The petitioner is a resident of Saidapet, Chennai and her mother Varalakshmi was owning agricultural land in Erumiayur Village, Sriperumbudur Taluk, Kancheepuram District in S.No.53/1-A-2 comprising of I Acre 14 cents of land. The name of petitioner's mother, Veeralakshmi was also entered in a registered chitta and patta was also issued in the name of Veeralakshmi. Veeralakshmi died on 19.06.1976 leaving behind the first petitioner herein, namely, Shanthi and her sisters Saraswathi and Lalitha as her only surviving legal heirs. They had partitioned the properties under registered partition deed dated 05.05.2015 in document No.9/15. While so, the land grabbers Vanaroja and her family impersonated themselves and attempted to interfere with the possession and enjoyment. Hence, a complaint was lodged in this regard. Since no action was taken, the petitioner has come forward to file this petition. https://hcservices.ecourts.gov.in/hcservices/

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

4. Today when the matter is taken up for consideration, the learned Additional Public Prosecutor submitted that the petitioner has sent the complaint by post and hence, the petitioner may be directed to give a fresh complaint.

5. Considering the rival submissions, this Court directs the petitioners to give a fresh complaint to the respondent along with a copy of this order within a period of one week from the date of receipt of a copy of this order and on receipt of such complaint, the respondent is directed to conduct enquiry on the complaint and upon such enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kua To

1. Sub Inspector of Police, Somangalam Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.G. Appavu, Advocate sR.63498 Crl.O.P.No.27696 of 2015 SVI(CO) EU 15.12.15 https://hcservices.ecourts.gov.in/hcservices/