Madras High CourtCRL OP(MD)/1945/2018disposed of

B.Lakshmi, v. The Assistant Commissioner Of

2018-02-09Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1945 of 2018 B.Lakshmi ... Petitioner -vs1.The Assistant Commissioner of Police, (Crime Branch) Madurai City, Madurai.

2.The Inspector of Police, Crime Branch, C-2, Subramaniapuram Police Station, Madurai.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to register the complaint given by the petitioner dated 29.12.2017 and take necessary action within the time stipulated by this Court.

For Petitioner : Mr.V.Selva For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, to direct the second respondent to register a case, based on the complaint given by the petitioner, dated 29.12.2017. 2.The learned counsel appearing for the petitioner has submitted that the petitioner's father in law, namely, Periya Gurusamy Chettiar, during his life time has executed a registered Will in the name of petitioner's husband on 10.04.1997. He further submitted that subsequently, the said Periya Gurusamy Chettiar and the petitioner's husband died and the petitioner is the only legal heir to her husband. He further submitted that on 24.11.2017, when the petitioner was taking the said original Will to a Xerox shop, which is situated near the Palanganatham Registration Office for taking Xerox copy, the said Will was missing and hence she gave a complaint before the second respondent on 29.12.2017, but, so far no action has been taken.

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3.The learned Government Advocate (Crl.Side) has submitted that after receipt of the complaint, C.S.R. has been issued and the enquiry is still pending.

4.Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then he has to register a case and proceed further in accordance with law.

5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Crl. side) /True Copy/ Sub Assistant Registrar To 1.The Assistant Commissioner of Police, (Crime Branch) Madurai City, Madurai.

2.The Inspector of Police, Crime Branch, C-2, Subramaniapuram Police Station, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.V.Selva, Advocate SR.No. 47666 CRL.O.P.(MD)No.1945 of 2018 09.02.2018 sss JM/GT/SAR 4/09.03.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/