The court disposed of a petition under Section 482 Cr.P.C. seeking transfer of a police complaint regarding theft from one jurisdiction to another due to landlord-tenant disputes pending in civil courts.
Directed the respondent police to conduct an expeditious enquiry and file a final report before the court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP No.13951 of 2015
A.Kavitha
Vs
State rep.by
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to issue a direction to the respondent to transfer the complaint in FIR No.48 of 2015 of the petitioner to the second respondent from the file of the first respondent and take speedy action on that for the recovery of the stolen articles from the Shop at 1/46A, 1/46B to the extent of 300 Sq.ft and the Bajaj Platinum Motor Cycle bearing Registration No.TN-30-L-6705.
Additional Public Prosecutor
Seeking a direction to the respondent police to transfer the complaint in FIR No.48 of 2015 of the petitioner to the second respondent from the file of the first respondent and take speedy action on that for recovery of the stolen articles from Shop at 1/46A, 1/46B to the extent of 300 Sq.ft and the Bajaj Platinum Motor Cycle bearing Registration No.TN-30-L-6705, the petitioner has come up with this petition.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.
https://hcservices.ecourts.gov.in/hcservices/ 3.The respondent Police have filed status report, wherein,
it is stated in paragraphs Nos.3 to 5 and 8 as follows: 3.I submit that, on 25.01.2015, the defacto complainant/petitioner by name P.Kavitha preferred a complaint before the respondent Police stated that she is residing at Pappireddipatty Jurisdiction, while so she is running a house hold articles and gift articles shop and Godown for the past 12 years in the name and style of M/s.Viveks Metal Mart & Gift House in Door No.1/46, Rangamapettai, nearby Pappireddipatti Bus Stand on rental basis, She is holding the stock worth about Rs.7 lakhs and also her husband two wheeler worth about Rs.45,000/- while so, on 23.01.2015, the house owner by name Tr.Sukumar and his wife Padmavathi broke open the lock of the shop and looted the articles and absconded on 23.01.2015 at about night hours. Further they have painted it in white colour and the lock and also the complainants shop name board. Hence this complaint,
4.I submit that based on the above said complaint a case was registered by me, Pappireddipetti Police Station in Crime No.48 of 2015 under Sections 448, 427, 379, I.P.C. (N.P.) on 25.01.2015 at about 8.00 hours against Sugumar and Padmavathi for the offence committed by them and took up the case for investigation.
5.I submit that I had visited the scene of occurrence and examined two witnesses by name Tr.G.mani and Tr.Panneerselvam and recorded their staments and they have identified the scene of crime, drew rough sketch and also prepared observation mahazar in the presence of the same witnesses.
8.I submit that on 28.01.2015, I had examined two witnesses by name Tr.Shadiq-E.B Wireman and Tr.Rajalingam-Postman and their statements were recorded. Both of them corroborated that they doesn't know that the said shop is in running condition for the 6 to 8 years, as reading is showing minimum and also there is no postal communication.
Rent Control Court, between the landlord and tenant.
Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
dn
To
1. The Inspector of Police,
Pappireddipatti Police Station,
Pappireddipatti,
Dharmapuri District.
2. The Superintendent of Police,
Dharmapuri District,
Dharmapuri.
3. The Public Prosecutor,
High Court, Madras.
+1 cc to Ms.M.Srividya counsel for the petitioner sr.lno.
34848.
Crl.OP No.13951 of 2015
vgi[co]
srg 27.07
1 issue framed by the court
Whether the petition for quo warranto to quash the proceedings under Section 482 Cr.P.C. should be allowed or dismissed.
1 provisions across 1 enactments
A.Kavitha
State
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
