Madras High CourtCRL OP(MD)/920/2018disposed of

N.K.Rajagopal v. The Superintendent Of Police

2018-01-22Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2018

CORAM

THE HON'BLE MR.JUSTICE P. RAJAMANICKAM Crl.O.P.(MD) No.920 of 2018 N.K. Rajagopal ... Petitioner -Vs1.The Superintendent of Police, Theni, Theni District.

2.The Deputy Superintendent of Police, District Crime Branch, Theni District.

3.The Inspector of Police (Crime), District Crime Branch, Theni District.

... Respondents Prayer: This Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to direct the third respondent to register the complaint dated 12.10.2017 given by the petitioner for the offences punishable under Sections 420, 465, 468, 471 and 120(b) of IPC and to take action against the accused in accordance with law.

For Petitioner : Mr.R. Gandhi For RR1 to 3 : Mr.Prabhu Ramachandran Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the third respondent to register a case, based upon the complaint given by the petitioner dated 12.10.2017.

2. The learned counsel appearing for the petitioner has submitted that during the pendency of the trial in C.C.Nos.41 of 2008 and 42 of 2008, on the file of the Special Court for TNPID Act Cases, Madurai, the proposed accused persons tried to dispose their immovable properties and hence, the Government had issued G.O attaching the properties and the said fact was informed to the Sub Registrar Office also. But, in spite of the said G.O and the communication, the proposed accused persons have sold the properties and registered the sale deeds and committed offences under Sections 420, 465, 468, 471 and 120(b) of IPC and hence, a complaint was https://hcservices.ecourts.gov.in/hcservices/

lodged by the petitioner being the aggrieved person, but, so far, no action has been taken.

3. The learned Government Advocate (Crl. Side) appearing for the respondents has submitted that the complaint is pending for getting Government Advocate's opinion and after getting an opinion further action will be taken.

4. Considering the aforesaid submissions, the third respondent is directed to enquire the matter and if the enquiry reveals any cognizable offence, he has to register the case and proceed in accordance with law, within a period of 15 days from the date of receipt of a copy of this order.

5. With the above observation, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Superintendant of Police, Theni, Theni District.

2.The Deputy Superintendant of Police, District Crime Branch, Theni District.

3.The Inspector of Police (Crime), District Crime Branch, Theni District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.R.GANDHI,Advocate,SR.43219 Crl.O.P.(MD) No.920 of 2018 22.01.2018 TRP KK/RSK/SAR 4/09.02.2018/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/