JUDGMENT :

(Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to First Information Report in Crime No.1246 of 2014 dated 13.09.2017 on the file of the 1st respondent and quash the same.)

1. The present Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to First Information Report in Crime No.1246 of 2014 dated 13.09.2017 on the file of the 1st respondent and quash the same.

2. The brief facts of the case is that the defacto complainant, is the power agent of the petitioner’s brother. The petitioner and her brother, namely, Prabhu Anantham, who is settled in USA are the legal heirs of petitioner’s parents. The property comprised in land and building of admeasuring of 1160 sq.ft., situated in New No.53, Old No.33, R.K.Mutt Road, Mylapore, Chennai -4 was ancestral property devolved on father from their grand father, namely, Annamalai Mudaliar and he had executed Will in Document No.8 of 1955 in favour of petitioner’s late father and his brother, thereafter partition took place on 21.04.1983. Thereafter, by obtaining loan and pledging her jewels, the petitioner obtained advance amount and reconstructed present building in the year 1997. The petitioner’s father expired on 01.06.2016 and her mother expired on 25.06.2016. After the death of parents, petitioner’s brother tried to evict the petitioner from the suit property by assaulting, crushing her neck and pushed her out of the house and gave life threat, out of her cry, the general public called 100, thereafter, police safeguarded the petitioner, for which she lodged a complaint against her brother and the same is numbered as CSR No.766 of 2016 dated 03.07.2016 and the petitioner’s brother proceeded to USA on next day, 04.07.2016.

3. It is the case of the petitioner that the petitioner filed a suit in O.S.No.4001 of 2016 and I.A.no.9905 of 2016 on the file of V Assistant Judge, City Civil Court, Chennai for permanent injunction as well as partition, the court granted Interim Injunction in favour of the petitioner on 04.08.2016. In consequence, the petitioner’s brother gave power of attorney in favour of the 2nd respondent on 12.08.2016. But the 2nd respondent has filed complaint against the petitioner that she had trespassed into the property. However the same is apparently error on the part of the 2nd respondent, the learned Government Advocate without looking into the factual aspect, given wrong opinion for filing case against the petitioner in Crime no.1246 of 2017 on 13.09.2017.

4. According to the petitioner, the respondent police has no locus standi and no jurisdiction to interefere into the civil matter between her and her brother. When same came to knowledge of the petitioner that her father executed settlement deed 2328/2010 in favour of her brother, on 18.09.2010 for the suit property, she was surprised and filed subsequent suit challenging the settlement deed in O.S.No.6041 of 2016 to declare the said settlement deed as null and void and for further reliefs. Without assigning any reasons, the learned V Assistant Judge, City Civil Court, Chennai vacated injunction against the petitioner on 30.11.2016, immediately, she had filed C.M.A.No.20 of 2017 on the file of learned IV Additional Judge, City Civil Court, Chennai. Pending O.S., and C.M.A., for adjudication, the petitioner’s brother and his power agent attempted to attack the petitioner with knife. Though complaint was lodged and CSR No.906 of 2017 was assigned, no case has been registered till date. The respondent police by receiving opinion from Government Advocate has registered a case against the petitioner under Sections 448, 453 and 294(b) of IPC., in Crime No.1256 of 2017, seeking to quash the same, the petitioner is before this Court.

5. The learned counsel for the petitioner submits that the dispute between the petitioner and his brother are purely civil in nature and the respondent police converted as criminality,