G.Santha v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.30453 of 2015 G.Santha ... Petitioner Vs State Represented by,

1. The Commissioner, The Commissioner Office, Vepery, Chennai-600 007.

2. The Inspector of Police, M-7, Manali Police Station, Chennai-600 103.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to register a case on the basis of the petitioner's complaint dated 05.06.2015 and to investigate the same in accordance with law.

For Petitioner : Mr.P.K.Illavarasan For respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present petition has been filed to register a case on the basis of the petitioner's complaint dated 05.06.2015 and to investigate the same in accordance with law.

2. In the petition, it has been stated that the petitioner's husband by name Ganesan is bed ridden as he was suffering from Brain Cancer and now his condition is critical. The petitioner's son viz., Harikrishnan eloped with one Durga Devi in the year 2012 and they have never chosen to take care of the petitioner and her husband for the past three years. While so, the said Harikrishnan and his wife Durga Devi by creating forged sale deeds, sold the petitioner's residential house and also received Rs.5,50,000/- and Rs.2,00,000/- from the Savings Bank Account of her husband by forging his signature. Thus they have grabbed the entire immovable properties and cash of the https://hcservices.ecourts.gov.in/hcservices/

petitioner's husband in a fradulent manner. When the petitioner questioned the illegal acts of her son and daughter in law, she was beaten and thrown out of her house. Hence she lodged complaint before the 2nd respondent on 5.6.2015 and the same was assigned in CSR.No.126 of 2015, but no action has been taken by the respondent police till date. Hence the petitioner is before this court.

3. Learned Additional Public Prosecutor submitted that the complaint was sent to the respondents only by post and if the same is given in person, appropriate action would be taken.

4. However, irrespective of the submissions made on either side, this Court is of the opinion that it is appropriate to direct the petitioner to give a fresh complaint 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 an enquiry on the said complaint and dispose of the same in accordance with law as early as possible.

5. The criminal original petition is disposed of accordingly.

msr s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To

1. The Commissioner, The Commissioner Office, Vepery, Chennai-600 007.

2. The Inspector of Police, M-7, Manali Police Station, Chennai-600 103.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.P.K.Ilavarasan, Advocate SR 69364 sv(co) prk19/1 Crl.O.P.No.30453 of 2015 https://hcservices.ecourts.gov.in/hcservices/