V.Gunasekaran v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.21178 of 2021 V.Gunasekaran

...Petitioner

Versus

State by The Superintendent of Police, Namakkal District, Namakkal.

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to forward the petitioner's complaint dated 25.10.2021 to the District Crime Branch, Namakkal and enquire the same. For Petitioner :

Mr.C.Prakasam For Respondent :

Mr.R.Vinothraja Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent to forward the petitioner's complaint dated 25.10.2021 to the District Crime Branch, Namakkal and enquire the same.

2.The grievance of the petitioner is that he lodged a complaint to the respondent on 25.10.2021 and no action has been taken. The complaint of the petitioner is that the petitioner in the year 2004 along with his wife Chithra and his brother Jayasankaran constituted a Trust for poor children in the name of "Bharathi Educational Trust". The Trust was registered in Document No.140 of 2004 on 26.10.2004. The Trust is running "Bharathi school", and "Bharathi Matriculation and Higher Secondary School". Thereafter, the Trust purchased Vehicle for the welfare of the School Children. The School is running in a large scale.

3.This being the case, the accused viz., Muthusamy, Kaliyannan, Niranjana, Thesavarajan, Rajasekaran and Ganesan have also joined together and created a forged document projecting that one Muthusamy is the President of the Trust, which document also registered as document No.4 of 2020 and using the forged document, they are now attempting to take away the school management and chasing away the petitioner and his https://hcservices.ecourts.gov.in/hcservices/

family. Therefore, the petitioner sent a complaint to the Superintendent of Police on 25.10.2021 but no action has been taken.

4.The learned Government Advocate (Crl.side) submits that the complaint sent to the Superintendent of Police has been forwarded to the Inspector of Police, Senthamangalam Police station, which has been received in C.No.H22338/2021 only on 08.11.2021 and enquiry is yet to commence. Since the petitioner has been asked to appear and submitted a copy of the complaint along with the documents, on enquiry with the petitioner, finding the veracity of the complaint, further course of action would be taken.

5.The learned counsel for the petitioner submits that he had not received any intimation from the Inspector of Police, Senthamangalam. On instructions, the learned counsel for the petitioner submits that the petitioner shall appear before the Inspector of Police, Senthamangalam on 25.11.2021 along with the copy of the complaint and documents and give his explanation. He apprehends that it is a white-collar offence of forgery involving the S.R.O.Senthamangalam and the persons in high position, the Senthamangalam police would not be equipped to conduct such investigation.

6.The learned Government Advocate (Crl.side) further submits that if White-Collar offence of forgery is found, the same would be forwarded to the District Crime Branch, Namakkal, thereafter, to continue with the enquiry.

7.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar drm/sms To

1. The Superintendent of Police, Namakkal District,Namakkal.

2. The Public Prosecutor, High Court, Madras. +1cc to Mr.C.Prakasam, Advocate, S.R.No.60162 CRL.O.P.No.21178 of 2021 VGII(CO) RGA(02/12/2021) https://hcservices.ecourts.gov.in/hcservices/