V.T.S.A.Abudl Hameed v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.V.T.S.A.Absul Hameed 2.V.T.S.A.Hameed Hussain 3.V.T.S.A.Abdul Bhasith ... Petitioners Vs.
1.The State of Tamil Nadu represented by The Superintendent of Police, Tirunelveli District.
2.The Deputy Superintendent of Police, District Crime Branch, Tirunelveli District.
3.The Inspector of Police, District Crime Branch, Tirunelveli District.
... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents to send the disputed agreement for sale dated 10.10.2018 related to Crime No.15 of 2020 on 1/4
the file of the third respondent to be compared with any of the admitted document signed by the defacto complainant at that period to the Forensic Science Department by considering the petitioners' representation dated 29.12.2022 instead of obtaining and sending fresh signature for the expert opinion.
For Petitioners : Mr.J.Hariharan For Respondents : Mr.SS.Madhavan Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondents to send the disputed agreement for sale dated 10.10.2018 related to Crime No.15 of 2020 on the file of the third respondent to be compared with any of the admitted document containing signatures of the defacto complainant at the period to the Forensic Science Department by considering the petitioners' representation dated 29.12.2022.
2. The learned counsel appearing for the petitioners would submit that the third respondent has obtained signatures of the defacto complainant in a blank paper and now they are taking steps to send the 2/4
disputed document along with the signatures now obtained, instead of getting the signatures found in the admitted document. He would further submit that the petitioners have not approached the concerned Court and their representation given to the third respondent was of no avail.
3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that they have already sent the signatures to the Forensic Lab and received a report, wherein, the expert has given an opinion stating that the signatures found in the sale agreement and the signatures obtained by the police are different and he has also produced the copy of the report dated 19.04.2022.
4. Since the report itself has been received, nothing survives for further adjudication and hence, this Criminal Original Petition stands dismissed.
19.01.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No csm 3/4
K.MURALI SHANKAR,J.
csm To 1.The Superintendent of Police, Tirunelveli District.
2.The Deputy Superintendent of Police, District Crime Branch, Tirunelveli District.
3.The Inspector of Police, District Crime Branch, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Order made in Dated: 19.01.2023 4/4