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Madras High CourtCRL OP/4963/2017dismissed

Mukthrunnissa, 75 Years, v. The Inspector Of Police,

2020-07-21Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.4963 of 2017 Mukthrunnissa ... Petitioner Vs.

Inspector of Police, E-8, Kelambakkam Police Station, Kelambakkam, Kancheepuram District.

... Respondent Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to issue direction to the respondent police to give police protection to the petitioner and to her family members based on her complaint dated 27.01.2017, received by the respondent on 28.01.2017.

For Appellant : No appearance For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

This petition has been filed for directing the respondent police to give police protection to the petitioner and to her family members based on her complaint dated 27.01.2017, received by the respondent on 28.01.2017.

2. The petitioner, who is a widow, had given a complaint to the respondent on 01.12.2016. The complaint is that during the lifetime of the petitioner's husband, he had executed power of attorney in favour of one Vasanji, Pogarji, Rajagopalan. Instead of protecting petitioner rights, they have misused the power to enrich themselves and also obtained signatures in blank papers from the petitioner and her children. From the complaint, it is found that there had been earlier case in Crime No.483 of 2013 and the same has been subsequently quashed by this Court. Thereafter again dispute aroused.

3. The learned Additional Public Prosecutor submitted that the petitioner's husband had given a power of attorney to one Vasanji, Pogarj and Rajagopalan in the year 1992 and there seems to be some dispute with regard to the property. It is https://hcservices.ecourts.gov.in/hcservices/

further apprehended about the signatures obtained in the blank papers. During enquiry, it is found that signing of the documents have been done by the petitioner's husband and his relatives, since there were claim and the counter claim and it appears to be civil in nature. Therefore, both the petitioner and the counter/petitioner were advised to approach the Civil Court for redressal of their grievance and the complaint dated 27.01.2017 was closed.

4. In view of the same, nothing survives for adjudication in this petition. Therefore, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar ssb To 1.Inspector of Police, E-8, Kelambakkam Police Station, Kelambakkam, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.4963 of 2017 AD(CO) GN(25/09/2020) https://hcservices.ecourts.gov.in/hcservices/