Madras High CourtCRL OP/9499/2015closed

K.Krishnaveni v. The Inspector Of Police

2015-04-16Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9499 of 2015 K.Krishnaveni .. Petitioner Vs State by The Inspector of Police, T-1, Ambattur Police Station, Chennai-600 053.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent herein to register the case based on the complaint dated 28.02.2015 given by the petitioner and to investigate the case in accordance with law. For Petitioner :Mr.R.Ramesh For Respondent :Mr.C.Emalias, Additional Public Prosecutor

ORDER

Seeking a direction to the respondent police to register the case based on the complaint dated 28.02.2015 given by the petitioner and investigate the same, the petitioner has come up with this petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

3. From a perusal of the materials available on record, it is seen that the petitioner has given a Power of Attorney to the opposite party on the strength of which a sale deed has been executed in respect of the petitioner's property. The crux of the allegation is that a Doctor had given a Life Certificate as if the petitioner was examined by him. The petitioner is now challenging the execution of the sale deed by the opposite party on the strength of the Power of Attorney. That can be agitated only in a Civil Court not before the police. As regards the allegation that the Doctor had given the Life certificate, the petitioner has also issued a legal notice. This Court cannot put Medical Practitioner in peril because like lawyers they should also have to function without fear of being prosecuted. In the course of trial in the Civil case, it is open to the petitioner to show that the Doctor's https://hcservices.ecourts.gov.in/hcservices/

certificate is a false one. Hence, this Criminal Original Petition is closed with liberty to the petitioner to work out his remedies in the manner known to law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ajr/dn To 1.The Inspector of Police, T-1, Ambattur Police Station, Chennai-53.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.R.Ramesh, Advocate SR.20636 SKV(CO) EU 29.04.2015 Crl.OP No.9499 of 2015 https://hcservices.ecourts.gov.in/hcservices/