Madras High CourtCRL OP(MD)/8998/2016disposed of

Elangovan v. The Inspector Of Police

2016-06-15Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2016

CORAM:

THE HONOURABLE Dr.JUSTICE S.VIMALA Crl.O.P.(MD)No.8998 of 2016 Elangovan .. Petitioner Vs.

1.The State rep.by The Inspector of Police, District Crime Branch, Land Grabbing Cell, Karur Town and District.

2.Veluchamy 3.V.Shanthi 4.The Inspector of Police, District Crime Branch, Karur.

(R4 Impleaded suo motu vide order dated 15.06.2016) .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to issue necessary direction to the 1st respondent to register the complaint of the petitioner dated 18/04/2016 against the respondents 2 & 3 for necessary action.

For Petitioner : Mr.V.Singan For 1st Respondent : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the first respondent to register a case based on the complaint of the petitioner dated 18.04.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the first respondent. 3.The sum and substance of the complaint of the petitioner is that the petitioner has executed a general power in favour of the second respondent and subsequently cancelled the same by means of notice, since the second respondent tried to misuse the power. Having received the notice, the second respondent conveyed interest in respect of the property of the petitioner in favour of the third respondent. As there was no case registered, the petitioner has come up with this petition. 4.The learned counsel for the petitioner would submit that the case is now pending before the District Crime Branch, Karur. https://hcservices.ecourts.gov.in/hcservices/

5.Under such circumstances, this Court, suo motu, implead the District Crime Branch, Karur as fourth respondent in this Criminal Original Petition.

6.According to the learned Government Advocate (Crl. Side), petition enquiry is pending.

7.In view of the above submission, the fourth respondent/District Crime Branch, Karur, who is suo motu impleaded by this Court, 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 fourth 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 his remedy in the manner known to law. 8.With the above direction, this Criminal Original Petition is disposed of.

Sd/ Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To

1. The Inspector of Police, District Crime Branch, Land Grabbing Cell, Karur Town and District.

2.The Inspector of Police, District Crime Branch, Karur.

3.The Additional Public Prosecutor, Madura Bench of Madras high Court, Madurai.

Crl.O.P(MD)No.8998 of 2016 15.06.2016 mj PA/KBM/30.06.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/