R. Anandh v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.30477 of 2015 R.Anandh ... Petitioner Vs

1. The Commissioner of Police

2. State rep. by Inspector of Police Central Crime Branch ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent herein to forthwith enquire into the complaint dated 26.10.2015 in Cr.C.No.2/35 and take appropriate action in accordance with law.

For Petitioner :

Mr.S.Ramesh For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present petition has been filed to pass necessary orders directing the 2nd respondent herein to forthwith enquire into the complaint dated 26.10.2015 in Cr.C.No.2/35 and take appropriate action in accordance with law.

2. The petitioner herein lodged a complaint as against one Raju and others. The complaint was lodged on the allegation that the counter petitioners have created fake documents of the year 2015 in the name of the petitioner's grandfather, whereas the grandfather of the petitioner died in the year 2006 itself. The documents were created in order to grab the property of the petitioner. Hence, the petitioner lodged a complaint before the respondent police but no action was taken till date. Hence, the present petition.

3. When the matter is taken up for consideration, learned Additional Public Prosecutor submitted that on receipt of the complaint it was assigned current paper No.2/15. Since the petitioner is not co-operating for the enquiry, the complaint was closed.

4. Learned counsel for the petitioner denies the above allegation.

5. Irrespective of the submissions made on either side, this court directs the respondent police to reopen the complaint dated 19.10.2015, given by the petitioner and enquire into the matter and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent police is directed to proceed further in accordance with law, as early as possible. The petitioner is also directed to co-operate with the respondent police for enquiry by producing the necessary documents. The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi To

1. The Commissioner of Police

2. The Inspector of Police Central Crime Branch

3. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.S.Ramesh, Advocate, S.R.No.69632 Crl.O.P.No. 30477 of 2015 AD(CO) CA(07/01/2016)