R.Pachaiammal v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.28687 of 2015 R.Pachaiammal ... Petitioner Vs.

1.The Superintendent of Police, Vellore District, Vellore.

2.The State Represented by Inspector of Police Tirupattur Town Police Station Tirupattur, Vellore District.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondents to register the complaint filed by the petitioner dated 06.08.2015 and to investigate the same and to file a final report before the competent Court of law.

For Petitioner : Mr.G.Sankaran For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the respondents to register the complaint filed by the petitioner dated 06.08.2015 and to investigate the same and to file a final report before the competent Court of law.

2.In the petition it is stated that the petitioner is the resident of Tirupattur Town, Vellore District and her husband T.A.Rajikannu (Late) aged 83 years fell down in the bathroom on 16.01.2015 and suffered brain stroke and lost his consciousness and went to coma stage. He was taken to Narayana Hirudalaya Hospital, Bangalore on the same day, wherein he was admitted. Whileso, the petitioner's son who abandoned his first wife and three daughters visited the hospital and he devised a plan to grab the self-acquired property of T.A.Rajikannu (Late) and

accordingly, he along with certain others affixed the thumb impression of T.A.Rajikannu (Late) in blank papers while he was lying unconscious with the support of medical apparatus in the ICU and subsequently, created a document in respect of the property owned by T.A.Rajikannu (Late). Hence, the petitioner lodged a complaint on 06.08.2015, but, till date no action has been taken. Hence, 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 assigned CSR No.223 of 2015 and enquiry is under progress.

4.I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor. 5.In view of the submissions made on either side, this Court directs the respondent to conduct enquiry on the petitioner's complaint dated 06.08.2015 which has been assigned CSR No.223 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, is directed to proceed further in accordance with law, as early as possible. 6.With the above directions, the Criminal Original Petition is disposed of.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police Tirupattur Town Police Station Tirupattur, Vellore District.

3.The Public Prosecutor High Court, Madras.

+1 cc to Mr.G.Sankaran Advocate sr.65300/15 Crl.O.P.No.28687 of 2015 aa18/12/2015