Md.Valliullah Sharif, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.19357 of 2018 Md.Valiullah Sharif .. Petitioner Vs

1. The Commissioner of Police, Vepery, Chennai - 600 007.

2. The Inspector of Police, Central Crime Branch - XV Team, Vepery, Chennai - 600 007.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 2nd respondent to file a charge sheet in Crime No.56 of 2016 on the file of the 2nd respondent and fix a time frame for trial.

For Petitioner : Mr.D.Kanagasundaram For Respondents : Ms.M.Prabhavathi, Addl. Public Prosecutor

O R D E R

This petition has been filed to direct the 2nd respondent police to file a charge sheet in Crime No.56 of 2016 on the file of the 2nd respondent police and fix a time frame for trial.

2. On the complaint lodged by the petitioner/de facto complainant, the respondent police have registered a case in Crime No.56 of 2016 on 22.02.2016 under Sections 419, 465, 467, 468 r/w.471 and 420 r/w. 120(B) IPC. While so, the petitioner/de facto complainant is before this Court with the above prayer.

3. Today, Mr.T.Rajendran, Sub Inspector of Police, Central Crime Branch - XV Team, Vepery, Chennai, is present. The Inspector of Police, Central Crime Branch, ALGSC, Vepery, Chennai, has filed a status report dated 23.08.2018, wherein, in Para 9, he has stated as follows :

" 9. It is submitted that in order to complete the investigation, the respondent police has to do the following :

(i)To collect the original documents i.e. Sale Deeds Doc.No.2042 of 1964 [which was purchased by the original owner Mahmooda Begam], fake General Power of Attorney vide Doc.No.23/2002 [which was executed by the Impersonator to A-1] dated 10.1.12002 and Sale Deed No.1459 of 2006, 1460 of 2006 which were executed to Radha Vedhagiri and Reena Rathish, who are the purchase of the disputed property by John [A-1] and they are to be interrogated to obtain the real facts of this case.

(ii)To secure impersonate of original owner Mahmooda Begum and also identified other accused persons who all are involved in this case and they have to be interrogated.

(iii) To examine some more witnesses.

Only after completion of the above, we will be able to proceed further and lay a final report in accordance with law. For the reasons stated above, the case is under investigation.

4. On instructions, the learned Additional Public Prosecutor submitted that if six months time is granted, the police will complete the investigation.

5. Recording the same, the 2nd respondent police is directed to complete the investigation in Crime No.56 of 2016 within six months from the date of receipt of a copy of this order and either file a closure report or a charge sheet, as the case may be, under due intimation to the petitioner/de facto complainant, provided there is no legal impediment. With the above direction, this petition is closed. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar mkn

To

1. The Commissioner of Police, Vepery, Chennai - 600 007.

2. The Inspector of Police, Central Crime Branch - XV Team, Vepery, Chennai - 600 007.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr. D. Kanaga Sundaram, Advocate Sr.59865 CRL.O.P.No.19357 of 2018 (CS-IX) EU(14/09/2018)