N.Varalakshmi v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.18998 of 2021 N.Varalakshmi

...Petitioner

Versus

1. The Superintendent of Police, Chengalpattu District.

2. The Inspector of Police, Uthiramerur Police Station, Kanchipuram District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to register the FIR on the complaint of the petitioner dated 04.09.2021 to the first respondent to the second respondent forthwith and to file the FIR by conducting free and fair investigation by some other agency with the supervision of the first respondent.

For Petitioner : Mr.R.Thamaraiselvan for Mr.C.Prabakaran For Respondent : Mr.R.Vinoth Raja Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to direct the respondents to register the FIR on the complaint of the petitioner dated 04.09.2021 to the first respondent to the second respondent forthwith and to file the FIR by conducting free and fair investigation by some other agency with the supervision of the first respondent.

2.The petitioner is the wife of one Narayanan was working as Head Constable (CW-817) in Chithamur Police Station, who died during the service on 21.02.2010. The petitioner was the second wife of the said Narayanan. His first wife died and she had three children viz., Rajasekar, Kamalakanna and Hemavathi. The petitioner herein had one daughter viz., Megala. The above said Rajasekar i.e. the first wife's son has made fake documents and got the signature from the petitioner and her daughter and got https://hcservices.ecourts.gov.in/hcservices/

compassionate appointment and he is also getting the family pension, without the knowledge of the petitioner. Hence, the petitioner had sent a representation to the Director General of Police, Inspector General of Police, Superintendent of Police, Chengalpattu and the Inspector of Police, Uthiramerur Police Station, Kanchipuram and complaining that the first wife''s son Rajasekar had claimed the compassionate appointment as well as the terminal benefits leaving the petitioner and her daughter, since, no action has been taken, the above petition is filed. 3.The learned Government Advocate [Crl. Side] submits that the petitioner's grievance is with regard to the terminal benefits. The second respondent is not a competent authority and a criminal complaint could not be entertained.

It is for the petitioner to submit her representation before the concerned competent authorities to redress her grievance. The competent authority has to pass orders by following the service rules. 4.In view of the same, the petitioner is directed to lodge a complaint before the Superintendent of Police, Chengalpattu. The Superintendent of Police, Chengalpattu, is directed to consider the representation of the petitioner, on merits and in accordance with law and dispose of the same, within a period of three months, from the date of receipt of the representation. 5.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ah To

1. The Superintendent of Police, Chengalpattu District.

2. The Inspector of Police, Uthiramerur Police Station, Kanchipuram District.

3. The Public Prosecutor, High Court, Madras. +1cc to Mr.C.Prabakaran, Advocate, S.R.No.53701 CRL.O.P.No.18998 of 2021 JPL(CO) RGA(22/11/2021) https://hcservices.ecourts.gov.in/hcservices/