Madras High CourtCRL OP/29216/2022disposed of

M.Sethuraman v. The State Rep By Its,

2022-11-29Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA M.Sethuraman ...

Petitioner /vs/ State Rep by 1.The Superintendent of Police, Tirupur.

2.The Inspector of Police, Madathukulam Police Station, Madathukulam, Tiruppur District.

... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the respondents to register FIR on the basis of the complaint dated 08.11.2022 pending as receipt L.P.No.372 dated 08.11.2022.

For Petitioner ... Mr.R.Sreerangan For Respondents ... Mr.S.Santhosh, Govt. Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents to register FIR on the basis of the complaint dated 08.11.2022 pending as receipt L.P.No.372 dated 08.11.2022.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents. 3.The learned counsel for the petitioner submitted that the petitioner had given a complaint by alleging that on the pretext of getting a mortgage, the petitioner was made to execute a sale agreement in respect of the property belonged to him; it is further alleged that the petitioner was suffering from poor eye sight and that was taken advantage by one Manikandan and he got the sale agreement executed by the petitioner in the name of his wife Jothimani on 21.09.2017; on the complaint given by the petitioner, so far no action has been taken.

4. The learned Government Advocate (Crl.Side) submitted that on the complaint given by the petitioner, current paper enquiry has been

initiated in C.No.P1/E-349999/1266/2022 on 09.11.2022 and the same is pending.

5. It is appropriate to direct the respondents to complete the enquiry and do the needful in accordance with law within a period of four weeks from the date of receipt of a copy of this order. While conducting enquiry, the respondents are directed to follow the guidelines laid down by the Hon'ble Supreme Court in the case of Lalita Kumar Vs State of Uttar Pradesh & another reported in 2014 (2) SCC 1.

6. With the above observations, this Criminal Original Petition is disposed.

29.11.2022 Index: Yes/No Internet: Yes/No gsk

R.N.MANJULA ,J.

gsk To 1.The Superintendent of Police, Tirupur.

2.The Inspector of Police, Madathukulam Police Station, Madathukulam, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

29.11.2022