Police restrained from filing chargesheet

The Madras High Court Bench here has restrained Kottar police in Nagercoil of Kanyakumari district from filing a chargesheet against a 72-year-old man, his 62-year-old wife and their unmarried daughter on charges of causing hurt with dangerous weapons and attempting to murder the aged couple's 38-year-old lawyer son.

Justice K.K. Sasidharan passed the interim order in a writ petition filed by the septuagenarian J. Roby alleging that his son R. Anittar Alwin had lodged a false complaint with the intention of extracting money and occupying the immovable properties.

The judge also ordered notice to the police as well as the Kanyakumari Collector returnable by April 2.

In an affidavit filed through his counsel T. Lajapathi Roy, the petitioner said that he was the father of two girl children and one son.

His youngest daughter alone was unmarried and so she was living along with him. He claimed to have offered his self acquired property worth about Rs.30 crore to his son, practising as an advocate, through a settlement deed.

Yet, the lawyer wanted more and continuously harassed the family to part with other properties too, the petitioner alleged. He listed out a series of incidents and said that he was brutally attacked by his son with iron rods on May 27 for refusing to affix his signatures in blank papers.

He also alleged that the lawyer did not even spare his unmarried sister who was assaulted on June 2.

Claiming that his son also broke open his office room and took away a computer, photocopier, colour printer and other articles worth Rs. 1 lakh on June 9, the petitioner said that so far five criminal cases had been registered against Mr. Alwin.

But the police did not take any effective steps in those cases as the accused was a lawyer and a member of Nagercoil Bar Association, he added.

On the other hand, the police entertained a complaint filed by the lawyer and registered a case against the petitioner, his wife and daughter under Sections 120B (criminal conspiracy), 294b (uttering obscene words), 307 (attempt to murder), 324 (voluntarily causing hurt with dangerous weapons or means) and 447 (criminal trespass) of the Indian Penal Code.

Stating that the case had been registered due to a nexus between his son and Nagercoil Deputy Superintendent of Police N. Baskaran, the petitioner sought to transfer the investigation in the attempt to murder case to the Crime Branch-Criminal Investigation Department in Madurai with a specific direction to complete the investigation and file a final report within a stipulated time.

The petitioner also said that the Kanyakumari Collector as well as Superintendent of Police failed to take action despite representations made to them to safeguard him and his wife under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007.

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Printable version | Jun 15, 2021 6:33:41 AM |

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