Madras High CourtCRL OP/17721/2019disposed of

P.Jayanthi v. State Represented By

2019-07-08Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.17721 of 2019 1.P.Jayanthi 2.B.Ganesh Kumar

...Petitioners

Vs.

1.State Represented by, The Inspector of Police, M-8, Sathangadu Police Station, Chennai - 600 068.

2.Mrs.Nalini

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent to take inventory of Locker No.1840-A belongs to the petitioner's father maintained at Kothari Safe Deposits Limited situated at No.97, Oriental Buildings (Basement) Armenian Street, Gorge Town, Chennai-600 001 in connection with the investigation of the complaint registered under CSR.No.120 of 2019 dated 01.05.2019.

For Petitioners : Mr.R.Sreedhar For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Government Pleader

ORDER

This petition has been filed to direct the 1st respondent to take Inventory of the Locker that stands in the name of father of the petitioners at Kothari Safe Deposits Limited. 2.It is seen from records that there is an original sale deed of the property standing in the name of the father and it is kept inside the Safe Deposit. The financial institution is insisting that all the three legal heirs will have to come together in order to open the Safe Deposit. The 2nd respondent is not co-operating for the same. In the meantime, there is a police compliant given to the 1st respondent police and the same was taken on file in C.S.R.No.120 of 2019.

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3.Heard the learned Counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the respondent police.

4.The nature of the dispute in this case is purely civil in nature and the respondent police will have no role to play in the above said dispute. The respondent police is directed to close C.S.R.No.120 of 2019 in order to enable the parties to workout their remedies before the appropriate Civil Court. 5.Accordingly, this Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar jas/vs To

1. The Inspector of Police, M-8, Sathangadu Police Station, Chennai - 600 068.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Sreedhar, Advocate, S.R.No.57127 CRL.OP.No.17721 of 2019 VG-II(CO) SSM(30/07/2019) https://hcservices.ecourts.gov.in/hcservices/