Ayesha Beevi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. Ayesha Beevi W/o. Meera Mydeen 2.Raizan Parveen D/o. Meera Mydeen

3. Meezana D/o.Meera Mydeen 4.Shaadoona D/o.Meera Mydeen All represented by power agent S.A.Mohamed Ismail S/o. Late Haji S.Amanullah (By Vide Doc No.76/2019 Velipattinam SRO Ramanathapuram) Petitioners Vs 1.The Inspector of Police Central Crime Branch Team XVI, Land Grabbing Division - 1, Vepery Chennai-600 007.

2.The Inspector of Police, Special Inspector Cell, VLAC, Chennai-16 (R2 Suo Motu impleaded as per 1/6

order Dt 22/02/2024 in Crl.OP.No 4028/2024) Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to set aside the report dated 30.11.2023 passed by the respondent and direct re-investigation by reopening the case.

For Petitioners : Ms.A.Vinupradha For Respondents : Mr.K.M.D.Muhilan Government Advocate [Crl.side]

O R D E R

Challenging the closure report dated 30.11.2023 filed by the first respondent and also sought for re-investigation on the complaint lodged by the Vigilance and Anti-Corruption.

2. The learned counsel for the petitioners submitted that the property bearing Plot No.42 Old Survey No.15/1C New Survey No.15/153, VGP Golden Beach, Part III in Injapakkam Village, Sholinganallur Taluk, Chennai District was purchased by Meera Mydeen, who is the husband of the 1st petitioner and father of petitioners 2 to 4 from VGP Housing Private Ltd., and the same was registered on the file of Sub-Registrar Office, Saidapet. The Said Meera Mydeen died in 2/6

Malaysia on 07.05.2009 and death certificate was issued by the Malaysian Government. The Revenue Inspector, Ramanathapuram issued a legal heir certificate dated 20.08.2009 to the petitioners 1 to 4 as the legal heir of Meera Mydeen. While so, the accused namely Hasan Mohamed has fabricated a Power of Attorney dated 05.12.2018 in his favour, by impersonation as if it was executed by late. Meera Mydeen vide Doc.No.98/2018 on the file of the SRO, Neelangarai. It is also stated that the said Meera Mydeen died in the year 07.05.2009 and there is no possibility for a dead person to execute a document in the year 2018 in favour of the Hasan Mohamed. The petitioners have filed a petition dated 27.12.2018 before Arumuga Navaraj, Sub Registrar, Neelankarai, to cancel the Deed as per the circular No.33/C1/2010 dated 15.09.

2010 and to prevent the said Hasan Mohamed from further fabricating and creating the forged documents in respect of the petitioners' property. However, on Suo moto, the Directorate of Vigilance and Anti Corruption had taken action against the accused persons for the offence committed under Sections 120B, 166, 167, 420, 465, 466, 467, 468, 471, 474 IPC and under Sections 7 and 12 of the Prevention of Corruption (Amendment), Act, 2018 and taken up for investigation.

petitioners made a complaint before the first respondent. The first respondent, after conducting enquiry, filed the closure report on 30.11.2023. Challenging the same, the petitioners have filed the present petition.

3. Heard both sides and perused the materials available on record.

4. Considering the submissions made by the learned counsel on either side and upon perusal of the materials available on record, it appears that after conducting enquiry the first respondent closed the complaint by filing the closure report dated 30.11.2023. If at all, the petitioners had any grievance, they have to approach the appropriate forum in the manner known to law. This Court is of the view that the closure report cannot be challenged in the present proceedings. Finding no infirmity in the closure report, the present petition is liable to be dismissed.

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5. Accordingly, this Criminal Original Petition is dismissed. 26.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order jd To 1.The Inspector of Police Central Crime Branch Team XVI, Land Grabbing Division - 1, Vepery Chennai-600007.

2.The Inspector of Police, Special Inspector Cell, VLAC, Chennai-16.

3.The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J jd 26.02.2025 6/6