Madras High CourtCRL OP(MD)/8524/2016closed

Paramasivam v. The Commissioner Of Police

2016-06-10Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.8524 of 2016 Paramasivam ... Petitioner -Vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Theppakulam Police Station Madurai City ... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent to register a case for an alleged offences punishable under Sections 465, 467, 468, 419, 420 and 506(ii) IPC on the basis of the petitioner complaint, dated 21.04.2016.

For Petitioner : M/s.Kala Murugappan For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the 2nd respondent to register a case for an alleged offences punishable under Sections 465, 467, 468, 419, 420 and 506(i) IPC on the basis of the petitioner complaint, dated 21.04.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.

3. The sum and substance of the complaint preferred by the petitioner herein is that the brothers of the petitioner, by suppressing the fact that the petitioner is one of the legal heir to their parents, obtained legal heir certificates from the Revenue authorities, thereby attempting to evict the petitioner from his parental house and criminally intimidated the petitioner. Therefore, a complaint came to be lodged. Since no action has been taken by the respondents, the present petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/

4. According to the learned Government Advocate (Crl. Side), petition enquiry is stated to be pending before the 2nd respondent.

5. In view of the above submission, the 2nd respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the respondent police shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC).In case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. On receipt of the same, it is open to the petitioner to work out her remedy in the manner known to law.

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

Sd/ Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Theppakulam Police Station, Madurai City 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

SDR/SK-SKN/29.06.2016/2P/4C Crl.O.P.(MD).No.8524 of 2016 10.06.2016 https://hcservices.ecourts.gov.in/hcservices/