M.Selvi, Aged 50 Years, v. The Inspector Of Police(Crime)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.17918 of 2018 M.Selvi ... Petitioner Vs The Inspector of Police (Crime) B-10, Selvapuram Police Station Coimbatore.

...Respondent

Criminal Original Petition has been filed under Section 482 Cr.P.C. seeking a direction to the respondent police to complete the investigation and file a final report in Crime No.19 of 2015 pending on the file of the respondent police. For Petitioner :

Mr.S.Senthilvel For Respondent :

Mrs.Kritika Kamal.P.

Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent police to complete the investigation and file a final report in Crime No.19 of 2015 pending on the file of the respondent police.

2. Today, Mr.N.Mathivanan, Special Sub-Inspector, D2 Crime, Coimbatore, is present before this Court.

3. On the directions of the Judicial Magistrate No.I, Coimbatore, under Section 156(3) Cr.P.C., the respondent police have registered a case in Crime No.19 of 2015 on 24.01.2015 for the offences under Sections 465 and 420 IPC against A.Anil Kumar.

4. It is the case of the petitioner that the accused was a tenant and that the accused had forged the petitioner's signature in a lease deed and had filed the same in a suit in O.S.No.1986 of 2014 before the I Additional District Munsif Court, Coimbatore. In Iqbal Singh Marwah vs. Meenakshi Marwah (Constitution Bench) [(2005) AIR SCW 1929], the Supreme Court https://hcservices.ecourts.gov.in/hcservices/

has held that if a document is forged outside the Court and he is filed as part of a plaint/written statement, the bar under Section 195 Cr.P.C. will not apply.

5. The learned Government Advocate (Crl. Side) submitted that the alleged forged lease deed is on the file of the I Additional District Munsif Court, Coimbatore and that is why the police have not able to proceed further with the investigation.

6. This Court directs the I Additional District Munsif Court, Coimbatore or any other Civil Court where OS.No.1986 of 2014 is pending, to hand over the original lease deed dated 16.10.2014 between the petitioner and the accused (Anil Kumar), if the same is available, after taking a certified copy of the same, to the Inspector of Police, B10, Selvapuram Police Station, Coimbatore, under proper acknowledgment. The respondent police is directed to complete the investigation in Crime No.19 of 2015 within a period of six months from the date of receipt of the original lease deed dated 16.10.2014. With the above direction, this petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk To 1.I Additional District Munsif Court, Coimbatore.

2.The Inspector of Police (Crime) B-10, Selvapuram Police Station Coimbatore.

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.S.Senthil Vel, Advocate, S.R.No.46369 Crl.OP.No.17918 of 2018 KS(CO) GSP(26/07/2018) https://hcservices.ecourts.gov.in/hcservices/