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2016 Supreme(Mad) 1033

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBBIAH, J.
Tmt.T.Subbulakhsmi - Petitioner
Vs.
The Commissioner of Police, Egmore, Chennai - Respondent
Crl.O.P.Nos.10260 to 10262 of 2014 and Cont.Petn.Nos.571 to 573 of 2014
Decided on : 18-02-2016

Advocates Appeared:
For the Appellant : Mr. R.Shanmuga Sundaram, SC Mr. P.Venkata Subramaniam and Mr. A.Gopinath
For the Respondent: Mr. S.Shamugavelayuthan, Public Prosecutor for R1 & R2 in all Crl.OPs and R1 in all Cont. Petn. Mr. D.Sai Kumar for R2 in Cont.P.No.573 of 2014

Headnote:

Indian Penal Code,1860 - Sections 420, 465, 467, 468 and 471 r/w 120-B - Criminal Procedure Code,1973 - Sections 102, 102(3), 157, 156, 159, 102(1) and 451 - Executed a settlement deed - Sale deed - Sought for dismissal of contempt petitions - Case is that a property situated at Old New village Sea Shore Town District as per Patta Plot measuring an extent sq.ft originally belonged to one - From said property was purchased by one and his wife vide sale deed registered as Document said - After their demise one created a forged power of attorney along with eleven other persons and executed a sale deed in favor of petitioner on and petitioner executed a settlement deed - Petitioner only on technical ground and extended a liberty to initiate fresh proceedings after following procedure and hence Investigating Officer has once again passed present proceedings freezing the bank accounts of petitioners and thereby he has no willful intention to disobey orders of this Court - Likewise plea of Bank Manager respondent is that the petitioners approached bank on seeking for compliance of the order of this Court at after business hours of bank and on the very next day they received requisition made by Investigating Officer to freeze accounts of petitioners - Contempt Petitions are closed

ORDER :

Since the issue involved in all these Criminal Original Petitions as well as Contempt Petitions relates to the same subject matter, all these petitions are taken up together for final disposal by way of this common order.

2. Brief facts, which are necessary for disposal, can be stated as under:

2.1. One Tmt.T.Subbulakshmi is the petitioner in Crl.O.P.Nos.10260 & 10261 of 2014 and Cont.P.Nos.571 & 573 of 2014 and her daughter Tmt.T.Yamini is the petitioner in Crl.O.P.No.10262 of 2014 and Cont.P.No.572 of 2014.

2.2. The Inspector of Police, Central Crime Branch, has registered cases against the petitioners in Crime Nos.154, 233 and 315 of 2012 for the alleged offences punishable under Sections 420, 465, 467, 468 and 471 r/w 120-B IPC.

2.3. The prosecution case is that a property situated at Old No.189, New No.51, Sholinganallur village, 'The Sea Shore Town', Tambaram taluk, Kancheepuram District, S.No.12/1 and 12/2 as per Patta S.No.12/356, Plot NO.297 measuring an extent of 12,000 sq.ft. originally belonged to one Chokkalinga Mudaliar. From the said Chokkalinga Mudaliar, the said property was purchased by one Mr.Mahendra Kumar N.Kampani and his wife Mrs. Malini Mahendra Kumar N.Kamapani vide sale deed dated 25.02.1967 registered as Document No.881/1967. The said Mrs. Malini Mahendra Kumar N.Kampani died on 07.02.1980 and Mr. Mahendra Kumar N.Kampani died on 26.08.1997. After their demise, one Dhanalakshmi, relative of the petitioners herein, created a forged power of attorney dated 12.04.2007 along with eleven other persons and executed a sale deed in favour of the petitioner Subbulakshmi on 17.05.2007 and the petitioner Subbulakshmi executed a settlement deed dated 22.04.2008 in favour of one Mrs. Yuba T.Reichard, who in turn executed a Power of Attorney in favour of T.Yamini, the petitioner in Crl.O.P.No.10262 of 2014. Thus, the petitioners involved in the land grabbing and had been depositing the income that they were deriving from the said property in the bank accounts.

2.4. Pursuant to the registration of the FIR against the petitioners, Tmt.Subbulakshmi was arrested on 25.10.2012 and remanded to judicial custody and subsequently, she was released on bail. Tmt.Yamini, the petitioner in Crl.O.P.No.10262 of 2014 in Crime No.315 of 2012, obtained anticipatory bail from this Court. The petitioner, Tmt.Subbulakshmi is maintaining a savings account with Indian Bank, Thiruvanmiyur Branch, Chennai vide S.B.A/c.No. 443503512 and she is also maintaining a savings bank account with the Indian Overseas Bank, Valmiki Nagar Branch, Chennai, vide S.B.A/c.No.14720100002821. The petitioner T.Yamini is maintaining savings bank account with the Indian Bank, Thiruvanmiyur Branch, Chennai vide Savings Bank Account No.443519920. The Inspector of Police, Central Crime Branch, Egmore, Chennai sent a written request to the above said banks dated 27.10.2012, to freeze the accounts of the petitioners since they had been depositing the income derived from the property, which, according to the prosecution was acquired by the petitioners pursuant to the commission of offence. Thereafter, pursuant to the said written request, respective banks freezed the respective bank accounts of the petitioners.

3. Challenging the same, earlier, the petitioners have filed Crl.O.P.Nos.13103, 13104 and 13105 of 2013 on the ground that the seizure of the property is not in accordance with the provisions under Section 102 of Cr.P.C. and that every Police Officer acting under Sub Section (1) to Section 102, shall forthwith report the seizure to the Magistrate having jurisdiction where the property was seized. On the other hand, it was argued on behalf of the prosecution that as per Section 102(3) of Cr.P.C. only such of those properties seized from the accused, if it cannot be conveniently transported to the Court or if there is difficulty in securing the proper accommodation for the custody of such property or the continued retention of the property in police custody ma


















































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