The Court directed the Commissioner of Tambaram to register a case and investigate the petitioner's complaint regarding false documents used to sell his house sites in Uthandi Village.
Directed Commissioner of Tambaram to register case, investigate, and file a report within 3 months.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.06.2022
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.O.P.No.15473 of 2021
Rajeev Barma
... Petitioner
Vs.
1.The Superintendent of Police, Superintendent of Police Office, Kancheepuram. ... Respondent
Prayer: This Criminal Original Petition had been filed under Section 482 of Criminal Procedure Code to direct the respondent to take further action on the complaint of the petitioner dated 09th March 2020, consequently forward the same to the concerned Investigative Cell for registering the same.
For Petitioner : M/s.G.R.Hari
For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)
ORDER
When this matter came up for hearing in the morning session, the learned
counsel for the petitioner submitted that the house sites belonging to the petitioner
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situated at Uthandi Village were sold by creating false documents without the knowledge of the petitioner. Therefore the petitioner has preferred a complaint before the Superintendent of Police, Kancheepuram District, and the Commissioner of Police, Central Crime Branch, Greater Chennai Police, Vepery, Chennai-7.
2. The learned counsel for the petitioner invited attention of this Court to the copy of the letter received by him from Additional Commissioner of Police, Central Crime Branch, Greater Chennai Police, Vepery, Chennai-7, which was addressed to the Superintendent of Police, Kancheepuram District. As the subject matter of complaint was regarding the house sites situated at Uthandi Village and the SubRegistrar of kancheepuram District, the complaint of the petitioner was forwarded to the Superintendent of Police, Kancheepuram District. As per the letter of the Additional Commissioner of Police Central Crime Branch, Greater Chennai Police, Vepery, Chennai-7. It is submitted that inspite of the complaint and the letter addressed by the Additional Commissioner of Police, to Superintendent of Police, Kancheepuram they have not registered case raising question on jurisdiction. Therefore, he came before this Court by filing this petition in Crl.O.P.No.15473 of 2021 seeking a direction.
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3. When the case came up for hearing the learned Government Advocate, (Criminal side) objected to the submissions of the learned counsel for the petitioner stating that the petitioner had straight away approached the Superintendent of Police, Kancheepuram and the Additional Commissioner of Police, Chennai, instead of preferring a complaint to the local Police Station.
4. The said submission of the learned Government Advocate (Criminal Side) cannot be accepted , considering the fact that the petitioner is a resident of Kolkatta, and he owns the property, which he had purchased through sale deed, within the local jurisdiction of Uthandi village. Considering the house sites in Uthandi village and property in Chennai, he was in confusion as to whom to approach. Hence, he directly approached the Additional Commissioner of Police. Hence by considering his complaint, necessary action may be taken by the respondent.
5. This Court had raised a query to the learned Government Advocate (Criminal Side) to verify whether the Uthandi village at Solinganallur police Station falls under the Jurisdiction of city police or Kancheepuram police pursuant to the alteration of boundaries of the City Commissionerate adjoining district and
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formation of three Commissionerate, viz., the Commissionerate of Avadi and the Commissionerate of Tambaram. Therefore, the case was passed over for further clarification from the police officials concerned.
6. The learned Government Advocate (Criminal Side) at 02.15 P.M. submitted that the petitioner had been enquired by the Anti Land Grabbing Cell of Kancheepuram Police. As per the letter dated 19.07.2020 received by the learned Government Advocate (Criminal Side) from the Anti Land Grabbing Cell, the complaint of the petitioner after enquiry, was forwarded by advising the petitioner to approach the Commissioner of Police. However, this will not help either this Court or the petitioner to proceed further.
7. On enquiry, the learned Government Advocate (Criminal Side) submits that Uthandi Village and the Solinganallur Police Station jurisdiction are attached to the office of the Commissioner of Police, Tambaram. Considering the same, this Court directs the Commissioner of Tambaram, to pass appropriate orders directing the jurisdictional police and the Anti Land Grabbing Cell attached to the office of the Commissioner of Tambaram to register a case and investigate the same and file a report before the concerned Court within a period of 3 months from the receipt of
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copy of this order. With the above directions, this Criminal Original Petition is disposed of.
29.06.2022
Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order
jai
To
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SATHI KUMAR SUKUMARA KURUP, J.
jai
Crl.O.P.No.15473 of 2021
29.06.2022
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2 issues framed by the court
Whether to direct the Commissioner of Tambaram to register a case and investigate allegations of land/document fraud regarding the petitioner's property.
Determining the jurisdiction of Uthandi Village and Solinganallur Police Station following boundary alterations of the City Commissionerate.
1 provisions across 1 enactments
Rajeev Barma
The Superintendent of Police
SATHI KUMAR SUKUMARA KURUP
As recorded by the court registry
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