Kathija Beevi v. The District Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26739 of 2015 Kathija Beevi ... Petitioner Vs 1.The District Superintendent of Police, District Planning Building, Villupuram.

2.The Inspector of Police, Villupuram District, Villupuram.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register the FIR in the complaint dated 04.09.2015.

For Petitioner : Mr.R.Subramanian For Respondents : Mr.C.Emalias Additional Public Prosecutor.

O R D E R

The present criminal original petition has been filed seeking a direction to the respondents to register the FIR in the complaint dated 04.09.2015.

2.The petitioner herein lodged a complaint as against one Tmt.Razia, W/o Tajudeen stating that the above said Razia had obtained death certificate of his father namely, Satharsaibu along with two legal heir certificates on various dates, which were issued by the Tahsildar, Sangarapuram, Villupuram District. On that basis, she had obtained patta in her favour in respect of the property owned by the petitioner. When the petitioner came to know about the above facts, the petitioner lodged a complaint before the respondent police against the said Razia under Sections 420, 416, 417, 419, 406 and 456 of I.P.C. But, no action has been taken sofar. Hence, the present criminal original petition has been filed.

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

3.I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4.The learned Additional Public Prosecutor submitted that on the basis of the complaint given by the petitioner, enquiry has been conducted and the same has been closed on 07.11.2015, since a civil suit is pending between the parties and also the second respondent has advised the petitioner to workout her remedy before the civil Court. A copy of the closure report has been given to the petitioner before this Court.

5.Since the complaint given by the petitioner was enquired and the same was closed, nothing survives in this petition. Therefore, the petition is closed and the petitioner is at liberty to work out his remedy in the manner known to law, if he so desires.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vs/ari To 1.The District Superintendent of Police, District Planning Building, Villupuram.

2.The Inspector of Police, Villupuram District, Villupuram.

3. The Public Prosecutor, High Court, Madrs.

+ 1 cc to Mr.R. Subramanian, Advocate SR.64605 Crl.O.P.No.26739 of 2015 TM(CO) Eu 23.12.15 https://hcservices.ecourts.gov.in/hcservices/