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Madras High CourtA/231/2024ordered

Mrs.Usha Damodar And 2 Others v. M.K.Suresh And Another

2024-03-12Honourable Mr Justice N. Sathish Kumar3 pages

A.No.231 of 2024 in T.O.S.No.15 of 2023 N.SATHISH KUMAR.J., Pursuant to the directions of this court dated 29.02.2024, Mr.K.S.Ravindran, Sub Inspector of Police, Central Crime Branch (CCB), Forgery Investigation Wing, Vepery, Chennai 600 007, is present. He submitted a letter dated 'nil' before this court for handing over the original WILL dated 13.05.2019 to place the same before the Forensic Sciences Department, Government of Tamil Nadu, for comparison of the questionable signature with the admitted signatures of the testator. As this court has already held that since the investigation in the criminal case has been pending, if opinion from the Handwriting Expert of the Forensic Sciences Department is obtained by the Investigating Officer himself, it would serve the dual purpose one to proceed with the investigation on the basis of the First Information Report registered and the other for deciding issues involved the civil suit.

2. In such view of the matter, in order to avoid any further delay in the matter, the Registry is directed to hand over the original WILL dated 13.05.2019 in T.O.S.No.15 of 2023 allegedly executed by M.N.Krishnan to Mr.K.S.Ravindran, Sub Inspector of Police, CCB, Forgery Investigation Wing, Chennai, in a sealed cover under due acknowledgement and he will, in turn, submit the same to the Special Metropolitan

Magistrate, CCB and CBCID Cases, Egmore, Chennai, along with the document containing the admitted signature of the testator with a request to forward the same to the Forensic Sciences Department for comparison of the questionable signature with the admitted signature of the testator by the Handwriting Expert. On such request, the learned Special Metropolitan Magistrate, CCB and CBCID Cases, Egmore, Chennai, will forward the document in question and also the document containing the admitted signature of the accused for comparison by the Handwriting Expert as expeditiously as possible. On such request from the learned Special Metropolitan Magistrate, the Forensic Sciences Department shall compare the questionable signature with the admitted signature of the accused and submit his opinion in the form of report as expeditiously as possible to the learned Special Metropolitan Magistrate. The learned Special Metropolitan Magistrate shall, on receipt of such report from the expert, forward the original WILL to this court along with an attested copy of the report of the Handwriting Expert.

3. This application is ordered accordingly with the above directions. 12..03..2024 kmk

N.SATHISH KUMAR.J., kmk Copy to:

1.The Special Metropolitan Magistrate, CCB & CBCID Cases, Egmore, Chennai.

2.Mr.K.S.Ravindran, Sub-Inspector of Police, CCB, Forgery Investigation Wing, Vepery, Chennai 600 007.

A.No.231 of 2024 in T.O.S.No.15 of 2023 12..03..2024