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Madras High CourtCRL OP/11415/2021disposed of

Sakunthala v. The Commissione Of Police

2021-07-02Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.11415 of 2021 1.Sakunthala 2.Chitra 3.P.Suguna ... Petitioners

Versus

1.The Commissioner of Police Salem City Salem.

2.The Inspector of Police District Crime Branch Salem, Salem District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent/police to register the petitioners complaint dated 15.11.2019 and to investigate the matter in accordance with law and file a final report within a specific time limit. For Petitioners : Mr.D.Murthy For Respondents : Mr.S.Vinoth Kumar for Public Prosecutor

ORDER

This petition has been filed to direct the second respondent/police to register the petitioners' complaint dated 15.11.2019 and to investigate the matter in accordance with law and file a final report.

2.The learned Public Prosecutor submitted that the petitioners sent a complaint to the first respondent dated 15.11.2019, which was forwarded to the second respondent as current paper in C.No. 279 of 2019 and C. No. 33 of 2020. From the complaint, it is seen that there are some disputes with regard to the execution of unregistered Will, dated 15.05.1995 and in this regard, there is a civil suit pending between the petitioners and the counter party in O. S. No. 260 of 2010 before the Principal Sessions Judge, Salem. The respondent police, on verification of the above complaint and after enquiry, advised the petitioners to approach the Civil Court and seek their remedy and thus, the complaint closed. https://hcservices.ecourts.gov.in/hcservices/

3. In reply, it is the petitioners submission that they are aware about the respondent police not taking any action, they are not aware about the closure of the case. The copy of the closure report to be furnished to the petitioners.

4. In view of the same, as per the Sakiri Vasu Case, the petitioners have to approach the Lower Court by filing appropriate petition.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dna To 1.The Commissioner of Police Salem City Salem.

2.The Inspector of Police District Crime Branch Salem, Salem District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.P.M.Shankar,Advocate, SR No. 30700 CRL.O.P.No.11415 of 2021 AK II(CO) B.VC (03/08/2021) https://hcservices.ecourts.gov.in/hcservices/