Vairam v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1756 of 2016 Vairam, W/o. Rajakkannu ... Petitioner Vs

1. The Superintendent of Police, District Police Office, Cuddalore District, Cuddalore.

2. The State rep. By The Inspector of Police, Anti Land Grabbing Special Cell, Cuddalore ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the second respondent to register a case on the complaint of the petitioner dated 04.01.2016 and to file final report.

For Petitioner :

Mr.G.Pugazhenthi For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the second respondent to register a case based on the complaint of the petitioner dated 04.01.2016.

2. The case of the petitioner is that she is a diabetic patient and suffering from old age ailments. On 21.08.2015, the petitioner's elder son, namely Ravichandran, his wife Usha Rani and 3 others, came to her home and took the petitioner by stating that they are going to admit the petitioner in the hospital for treatment. But, the said persons, took the petitioner to the Sub-Registrar Office, Puduchathiram and obtained her signatures in a settlement deed https://hcservices.ecourts.gov.in/hcservices/

by force and without her consent. The petitioner is an illiterate and she does not have the knowledge of reading and writing. In order to grab the entire family property, her son Natesan and 3 daughters and the said Ravichandran and his wife and others have threatened the petitioner. Hence, the petitioner lodged a complaint on 04.01.2016. But till date, no action has been taken on the said complaint. Hence, the present criminal original petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4. The learned Additional Public Prosecutor submitted that there is a family dispute between the petitioner and their family members and absolutely, no cognizable offence has been made out in the complaint. The learned counsel for the petitioner denies the same and submitted that an element of cheating is there. Thus, he sought for a suitable direction.

5. In view of the submissions made on either side, this Court directs the second respondent to conduct enquiry on the complaint dated 04.01.2016 and proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mrp To

1. The Superintendent of Police, District Police Office, Cuddalore District, Cuddalore.

2. The State rep. By The Inspector of Police, Anti Land Grabbing Special Cell, Cuddalore.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s. G. Pagazhenthi, Advocate sr.5513 VD(CO) EU 12.02.16 Crl.O.P.No.1756 of 2016 https://hcservices.ecourts.gov.in/hcservices/