Madras High CourtCRL OP(MD)/1953/2018disposed of

Mohammed Kasim v. The Superintendent Of Police

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.1953 of 2018 Mohammed Kasim ... Petitioner -vs1.The State represented by The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Anti-Land Grabbing Special Cell, (District Crime Branch), Pudukottai.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to register a case on the petitioner's complaint dated 16.10.2017 and investigate the case in accordance with law.

For Petitioner : Mr.T.Lenin Kumar 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 16.10.2017. 2.The learned counsel appearing for the petitioner has submitted that after the demise of the petitioner's father, one Naina Mohammed, S/o, Sabar Mydeen and three others hatched a conspiracy to grab the property belongs to the petitioner's family and they have fabricated an unregistered settlement deed dated 09.04.1991, as if the petitioner's father has executed the said document in favour of one Ummasalima and based on the said document, the aforesaid persons have tried to get transfer of the patta in their name and during the patta transfer proceedings, the petitioner came to know that the aforesaid persons have fabricated documents with a view to grab the petitioner's family property and hence the petitioner has lodged a complaint on 06.10.2017, before the second respondent, but, so far no action has been taken. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Government Advocate (Crl.Side) has submitted that after receipt of the complaint, an enquiry has been conducted. During the enquiry, it is found that the petitioner has already filed a suit in O.S.No.353 of 2017, on the file of the learned Subordinate Judge, Pudukottai and the same 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(AS) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Anti-Land Grabbing Special Cell, (District Crime Branch), Pudukottai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai9 +One cc to Mr.T.Lenin Kumar, Advocate, SR.No.47590 sss RL/5C/2P/SKN/RSK/SAR4/9/3/2018 CRL.O.P.(MD)No.1953 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 09.02.2018