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Madras High CourtCRL OP/18576/2015closed

N.Shamsunissa v. The Superintendent Of Police

2015-07-24Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.18576 of 2015 N.Shamsunissa .. Petitioner Vs State rep. by

1. The Superintendent of Police, Kancheepuram District, at Kancheepuram.

2. The Inspector of Police, Manimangalam Police Station, Chennai.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to directing the second respondent to register a case on the complaint dated 02.06.2015 forwarded to them by the first respondent vide Serial No.1306/2015, dated 02.06.2015.

For Petitioner : Mr. A.D.Jagadish Chandira For Respondents : Mr. C.Emalias, Additional Public Prosecutor

ORDER

Seeking a direction to the respondent police to register a case on the complaint dated 02.06.2015, the petitioner has come up with this petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

3. It is seen that the petitioner's husband had purchased the property in the year 2002 and had gone to abroad. But, on his return, he was shocked to see that his vendor has unilaterally cancelled the sale deed.

4. This Court in a decision in M/s. Latif Estate Line India vs. Mrs. Hadeeja Ammal reported in 2011(2) CTC 1 has clearly held that unilateral cancellation of a document is illegal. Further, this https://hcservices.ecourts.gov.in/hcservices/

could be a civil wrong and therefore, this Criminal Original Petition is disposed of by giving liberty to the petitioner to work out his remedies in a manner known to law.

smi s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Superintendent of Police, Kancheepuram District at Kancheepuram.

2. The Inspector of Police, Manimangalam Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras. vd(co) prk11/8 Crl.OP No.18576 of 2015 https://hcservices.ecourts.gov.in/hcservices/