N.K.Vanan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28812 of 2015 N.K.Vanan ... Petitioner Vs State by:

The Inspector of Police, District Crime Branch, Thiruvarur District, Thiruvarur.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to file the final report in Crime No.7 of 2014 dated 8.8.2014 pending on the file of the Inspector of Police, District Crime Branch, Thiruvarur. For Petitioner : Mr.K.R.Ramesh Kumar For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking direction to the respondent to file the final report in Crime No.7 of 2014 pending on the file of the Inspector of Police, District Crime Branch, Thiruvarur.

2. According to the petitioner, his grand mother N.S.Abyambal @ Baby Ammal, during her life time, she had purchased agricultural lands comprised in Old Survey No.35/3 measuring 4 acres and 50 cents in Pampakkai village, Kudavasal taluk, Thiruvarur District from one K.Varadarajan through a sale deed and she died on 24.7.1983 leaving behind her three sons including petitioner's father N.S.Karvannan and a daughter, who all have inherited 1/4th share and it was agreed among them that the property shall be enjoyed in common and the income derived from it to be shared. The petitioner's father N.S.Karvannan expired on 17.01.2003 leaving behind the petitioner, his wife and only daughter as his lawful legal heirs, who jointly inherited 1/3 share in respect of the properties exclusively owned by his father. While so, it was noticed that the family

property was sold by N.S.Rajagopal in collusion with A.G.Subramaniam, his wife and others in a fraudulent manner without the knowledge of the other co-sharers based on a forged and fabricated Will. Therefore, the petitioner along with his mother and sister, were constrained to file a suit before the Sub Court, Thiruvarur in O.S.No.64 of 2014 for partition. However, since the Will was found to be forged one, the petitioner lodged a complaint with the respondent police on 22.5.2014. After preliminary enquiry, the complaint was registered as Crime No.7 of 2014 for the offences under Sections 465, 467, 468, 471 and 420 IPC. The grievance of the petitioner is that after registration of the crime, there is no progress in the investigation and despite the various representations made by the petitioner, the respondent/police have not completed the investigation and filed the final report. Hence the petitioner has come forward with the present petition.

3. The learned Additional Public Prosecutor would submit that the investigation requires to be conducted by examining lot of documents and hence, it would take considerable time to complete the investigation.

In view of the submission made by the learned Addl.Public Prosecutor, the respondent/police is directed to complete the investigation as early as possible and file the final report before the concerned Court without any delay. suk -s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, District Crime Branch, Thiruvarur District, Thiruvarur.

2. The Public Prosecutor, High Court, Madras.

skv(co) prk30/12 Crl.O.P.No.28812 of 2015

DATED: 01.12.2015