M. Chezhieyan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27771 of 2015 M.Chezhieyan ... Petitioner Vs 1.The Commissioner of Police, Egmore, Chennai.

2.The Inspector of Police, K4 Police Station, Anna Nagar, Chennai - 40.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register the FIR on the complaints made by the petitioner dated 21.10.2015. For Petitioner :

Mr.R.Rajarajan 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 respondents police to register the FIR on the complaint made by the petitioner dated 21.10.2015 and investigate the same in accordance with law.

2. In the petition, it has been stated that the petitioner is the sole and absolute owner of the property admeasuring 2 grounds and 913 square feet with the building, comprised in Plot No.3211, T.S.No.5, Block No.14, situated at Door No.A114/82, Third Avenue, Anna Nagar, Chennai. The said property was acquired by the petitioner in view of family arrangement on 07.07.1988. While so, one Arachelvan, Jakir Hussain and Malik claimed that they are the original owner of the above said property, by fabricating documents. Hence, the petitioner has lodged two complaints on 21.10.2015 and 04.11.2015. But, till date no action was taken. Hence, the petitioner has filed the present criminal original petition.

3. I have heard the learned counsel appearing for the https://hcservices.ecourts.gov.in/hcservices/

petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4. The learned Additional Public Prosecutor submitted that on receipt of the complaints of the petitioner, C.S.R.Nos.492 and 530 of 2015 have been assigned respectively and the matter is pending for enquiry.

5. In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the respondent to conduct enquiry on the complaints of the petitioner dated 21.10.2015 and 04.11.2015 in C.S.R.Nos.492 and 530 of 2015 respectively and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondents are directed to proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar vsm To 1.The Commissioner of Police, Egmore, Chennai.

2.The Inspector of Police, K4 Police Station, Anna Nagar, Chennai - 40.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Rajarajan, Advocate, sr.62498 Crl.O.P.No.27771 of 2015 ad co kra 04.12.2015 https://hcservices.ecourts.gov.in/hcservices/