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Madras High CourtCRL OP/8875/2016closed

B. Pazhani, v. State Rep. By The

2016-06-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.8875 of 2016 B.Pazhani .. Petitioner Vs State rep. by:

1.The Chennai City Commissioner of Police, Vepery, Chennai - 600 007.

2.The Inspector of Police, Land Grabbing Team XVII, Central Crime Branch, Chennai - 600 007.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents to register an FIR on the basis of the petitioner's complaint dated 15.06.2015, investigate the matter and file a final report within a stipulated period of time.

For Petitioner : Dr.G.Krishnamoorthy for Mr.R.Sasikumar For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents to register the complaint dated 15.06.2015, given by the petitioner, to investigate the same and file a final report.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

3. It is seen that on a complaint given by the petitioner, petition enquiry was conducted and closed by the second respondent-Police on 14.03.2016, on the ground that the petitioner is claiming title to a particular property by a Will, allegedly left by his grandmother, which is dated 17.09.1985. But, whereas the opposite party, who is the relative of the petitioner claims title through a subsequent https://hcservices.ecourts.gov.in/hcservices/

Will dated 28.04.1990.

4. Since both the parties are claiming title over the said property, which is twenty years old, it is not open for this Court to direct the respondent to register an FIR.

5. Hence, this Criminal Original Petition is closed with liberty to the petitioner to work out his remedy in the manner known to law.

Sd/-- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar ds To 1.The Chennai City Commissioner of Police, Vepery, Chennai - 600 007.

2.The Inspector of Police, Land Grabbing Team XVII, Central Crime Branch, Chennai - 600 007.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.J.B.Solomon Peter Kamaldoss, Advocate SR NO 35624 Crl.OP.No.8875 of 2016 RK[CO] GP/22.7.

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