MEMORANDUM OF CRIMINAL ORIGINAL PETITION
(Under Section 482 of Crl.P.C,1973)
HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Original Jurisdiction)
A. Saraswathi,
W/o. R. Arasan,
117-c, Rangan Illam,
Valampuri Raja Ganapathi koil Street,
E.B. Nagar-1,
VaikkalMedu,
Erode-638 002.
-VsState of TamilNadu Rep. by,
Inspector of Police,
Arachalur police Station,
Arachalur,
Erode District.
PETITION FOR DIRECTION
Under Section 482 OF Criminal Procedure Code,1973.
The address for service of all notices and processes of the
petitioner is that of his counsel M/s. A. Sulochana & A. Vanathi,
Advocates,155, Law Chambers, High Court Campus, Chennai - 600
104.
The address for service of all notices and processes of the
respondent is as stated above.
1)
The Petitioner submits that the case is that she is
cheated by M. Rajendran, R. Sivakumar, R. Sathish, Yuvarajan and
Saravanan by way of misreprentation to obtain registered sale deed
infavour of Sivakumar in Document No. 5001/2009 dated 8.10.2009.
But the Petitioner’s intention was to mortgage the above said
property to redeem the ancestral Property which gave the income to
run the life of the Petitioner and her children. Because after getting
money from the third party by creating encumbrance over the
ancestral Property the Petitioner’s husband, destitute this Petitioner
and his children.
2)
The Petitioner humbly submits she purchased the vacant
site comprising the Sr. No. 363/1 extent of 1200 sq.ft. under a
registered sale deed dated 14.12.2005 and constructed a residential
house therein. She occupied the House on 11.11.2010 and she is
residing in the same house with her children till this day.
--- 2 ---
3)
The Petitioner submits that the Petitioner’s husband took
loan from third party by creating encumbrance through executing
sale agreement as security over the ancestral Property. So, the
petitioner was trying to get loan to redeem the ancestral property.
But no one came forward to help the Petitioner. In the mean while,
Rajendran S/o. Maran come forward to redeem the ancestral
Property through mortgaging the above said property. In this
circumstances she believed the accused Rajendran. On 8.10.2009 he
as Financier to arrange the loan by way of creating mortgage deed.
4)
The Petitioner submits that she
believed the words of
them and signed all papers whatever were presented before her.
Because she was under the depression of redeem the ancestral
Property. Sivakumar was executed the sale deed in Doc. No.
5001/2009
on
8.10.2009
for
the
value
of
Rs.
1,02,100/-.
Immediately after registering the sale deed, Sivakumar executed the
sale agreement infavour of the petitioner and it was registered as
Doc. No. 5007/2009 for the value of Rs. 5,90,000/- and giving time
for 1 ½ years to pay the Rs. 5,00,000/- and execute infavour of the
Petitioner. But he execute the sale deed with Sathish S/o. V.S.
Ramasamy dated 26.02.2010 as Doc. No. 1564/2010 within 4
months and Sathish execute the sale agreement as Doc. No.
4985/2010 dated 5.07.2010 which was also within 5 months from
the date of Previous sale deed.
5)
The
petitioner
submits
that
the
all
the
forgery
transaction was held within 9 months. All the accused are colluded
and money only transferred from one hand to another hand.
Saravanan witnessed all the documents. Saravanan is the agent of
Sivakumar and Sathish. Rajendran is also doing the same illegal
activities. Yuvaraja is practicing Advocate. He is also colluded with
other accused with the motive of getting illegal profit and he knows
the sale agreement which was created infavour of the Petitioner and
she is being cheated by way of creating encumbrances in the above
said Property. Sathish and Yuvaraja well aware of her possession and
sale agreement was alive.
in ration of the howed Sivakumar S/o
R. Ramasamy as House complaint dated 2.12.2010 before the Sub
Inspector of Police, Adyar Police station which is cognizable one. The
--- 3 --same has been forwarded to the Commissioner of Police, Chennai for
necessary action and report by 03.12.2010 and it has been received.
But however no action was taken till today.
6)
The
petitioner
submits
that
since
10
years
the petitioner and his family are residing at the above said address.
He had purchased the alleged Flat from one N. Sitaraman S/o
Nataraja Iyer as valuable consideration. He is enjoying the property
without any interference with his family. He is paying taxes till this
date. Vendor N. Sitraraman before this date instructed the Petitioner
to pay the excess amount for the flat.
7)
The petitioner submits that suddenly On 2.12.2010 one
Gunasekaran with 20 unknown rowdies trespassed into his house
and then started to attack and assault his wife and him after that the
rowdies throughout all his household belongings from his house and
taken out 40 sovereign gold and Rs. 60,000 cash further the above
said Gunasekaran warned the Petitioner and his wife that he has a
Power of Attorney which is given by the above said Vendor, so they
should vacate the property and handover to him otherwise pay
Rs.10,000 to settle the matter. Before this occurrence, the Petitioner
had not seen these accused persons.
8)
The petitioner submits that after he gave the complaint
the accused persons put all things in one room and they locked and
gave the key of that room the remaining rooms are being opened by
them and they are threatening him to vacate the premise and asking
Money to release the property. Since 2000 he is paying all taxes and
cess till the date.
9)
The petitioner preferred complaint before the Adyar
Police Station on 02.12.2010. The police are not taking any action to
arrest the accused and to investigate the case. Because He and his
family under life threaten.
--- 4 --10)
It is respectfully prayed that when the averments of the
complaint clearly disclosed cognizable offence then the 2nd and 3rd
respondents have to register the case. But the 2nd and 3rd
respondent colluding with the counter parties has not taken any
action against them.
11)
Under these circumstances the Petitioner has no other
alternative remedy that to invoke the jurisdiction of this Hon'ble
Court. If the case is not registered the Petitioner will be put into
serious hardship and will be seriously prejudiced.
It is therefore prayed that this Hon'ble Court may be pleased to
issue a direction directing the 2nd and 3rd respondents to register the
case pursuant to the Petitioner’s complaint dated 02.12.2010, and to
investigate in accordance with laws and pass such further or other
orders as this Hon'ble Court may deem fit and proper in the
circumstances of the case and thus render justice.
Dated at Chennai on this the 9th day of December 2010.
Counsel for Petitioner.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Jurisdiction)
Crl.O.P.No.
of 2010
M. Marudhupandian, M/A 36 yrs,
S/o. Muniandi,
No. 11th Flat, M7 Block,
Aishwarya Colony,
Indhra Nagar, Adayar,
Chennai.
…Petitioner/Complainan
t
-Vs1. The Commissioner of Police,
Egmore, Chennai.
2. The Inspector of Police,
Adyar Police Station,
Chennai.
3. The Sub Inspector of Police,
Adyar police Station,
Chennai.
…Respondents/Respondents
INDEX TO THE TYPED SET OF PAPERS
S.No.
Date
Description
Page No.
1.
02.12.2010 Complaint to the Sub Inspector
of Police, Adyar Police Station,
Chennai.
1
2.
21.10.2010 Receipt
3
3.
3.12.2010
Complaint to the Commissioner
of Police, Chennai.
4
--- 6 --It is certified to the above documents are true copies of the
originals.
Dated at Chennai on this the 7th day of December 2010
Counsel for Petitioner.
IN THE HIGH COURT OF JUDICATURE AT
MADRAS
(Criminal Jurisdiction)
Crl.O.P.No.
of 2010
M. Marudhupandian,
…Petitioner/Complainant
-Vs1. The Commissioner of Police,
Egmore, Chennai and 2 others
…Respondents/Respondents
PETITION FOR DIRECTION
M/s. A.SULOCHANA
A.VANATHI
--- 8 --A.SALOMI
K. POTHUMPONNU
Counsel for Petitioner
--- 9 ---