IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.No.2626 of 2022

A.Poongothai

... Petitioner

Versus

State Rep. by

The Inspector of Police,

Ambur Police Station,

Thurpathur District.

(Crime No.931 of 2020)

... Respondent

PRAYER: Criminal Original Petition filed under Section 482 of

the Code of Criminal Procedure, to direct the respondent herein

to register the complaint given by the petitioner dated

03.01.2022 and take necessary action.

For Petitioner :

Mr.P.Sathiyamurthy

For Respondent :

Mr.E.Raj Thilak

Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent

herein to register the complaint given by the petitioner dated

03.01.2022 and take necessary action.

2. The grievance of the petitioner is that her mother

died on 19.09.2021 and a case in Crime No.861 of 2021 came to be

registered for the offence under Section 174 of Cr.P.C., which

is pending investigation. In the meanwhile, after the death of

her mother one Anbu @ Arivazhagan, Vijaya Mullaikodi, Ravi,

Balaji, Thenmozhi & Devaraj and some other persons threatened

the petitioner to evict the house. They are visiting the house

at odd hours and cut the water and electric facilities in her

house. During night time, they entered the house by breaking

windows and cutting the grills of the windows using cutting

machine and threatened the petitioner. Thus they did not allow

her to lead a peaceful life. Hence, she lodged complaints on

11.11.2021 and 03.01.2022, but no action has been taken.

3. The learned counsel for the petitioner submits that

the petitioner is the adopted daughter of the deceased and the

persons named in the complaint are her brothers. They had a

https://hcservices.ecourts.gov.in/hcservices/

dispute claiming right over the property. Further, the

petitioner's mother was living with good health, but died

suddenly, and theres is a suspicion over her death.

4. The learned Additional Public Prosecutor submits

that the petitioner sent a complaint through post and the facts

now disclosed by the counsel are not available there. In the

complaint, it is stated that some people, using political muscle

power trying to evict the petitioner from her house. But today,

the learned counsel made submissions that the petitioner is an

adopted daughter of the deceased and there is a dispute with the

legal heirs of Govindhan and Amasaveni, which needs to be

ascertained. The claims of both the petitioner and the opposite

party to be examined. These facts will be ascertained, only if

the petitioner appears before the respondent Police along with a

copy of the complaint and other relevant documents. He further

submitted that as regards the death of her mother, FIR has been

registered as suspicious death and enquiry is in progress.

5. It is seen that there is a dispute between the

petitioner and the counter complainant with regard to the land,

and hence, the respondent Police already referred the complaint

for RDO's enquiry under Section 145 of Cr.P.C.. Therefore, the

petitioner is directed to appear before the RDO enquiry as

regards the protection of her life and property.

6. With the above directions, this Criminal Original

Petition is disposed of.

Sd/-

Assistant Registrar(CS III)

//True Copy//

Sub Assistant Registrar

dna

To

1. The Inspector of Police,

Ambur Police Station,

Thurpathur District.

2. The Public Prosecutor,

High Court, Madras.

+1cc to Mr.A.P.Sathiyamurthy, Advocate, S.R.No.8575

CRL.O.P.No.2626 of 2022

NRL(CO)

CT 11/02/2022

https://hcservices.ecourts.gov.in/hcservices/