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Madras High CourtCRL OP(MD)/3987/2018dismissed

R. Ramachandran v. The Superintendent Of Police

2019-06-10Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 10.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.3987 of 2018 R. Ramachandran ... Petitioner -Vs1. The Superintendent of Police, Pudukottai, Pudukottai District.

2. The Inspector of Police, Anti Land Grabbing Special Cell, Pudukottai, Pudukottai District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to depute and entrust the investigation pertaining to the complaint of the petitioner dated 22.02.2018 on the file of the second respondent to some other competent police personnel and to direct him to proceed in accordance with law.

For Petitioner :

Mr.K.N.Govardhanan For Respondents :

Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

The criminal original petition has been filed seeking to transfer the investigation pertaining to the complaint of the petitioner, dated 22.02.2018, from the second respondent to some other investigating agency.

2. The grievance of the petitioner is that the property in Survey No.7795/P belongs to one Sigappayee Ammal and she died issueless and during the year 1979, she executed a Will in favour of the petitioner's father one Raju. After the demise of Sigappayee Ammal, the petitioner's father was in possession and enjoyment of the property. Thereafter, now some third parties claiming right over the property. In such circumstances, the petitioner has filed a complaint before the second respondent and that was not enquired into. Hence, the present criminal original petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Crl.side) on instructions would submit that the complaint filed by the petitioner has been enquired into and it has been closed as the dispute is civil in nature and the parties are directed to approach the Civil Court.

4. Considering the fact that the complaint has already been closed, the prayer sought for by the petitioner, at this stage, cannot be granted. Hence, this criminal original petition is dismissed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The Superintendent of Police, Pudukottai, Pudukottai District.

2. The Inspector of Police, Anti Land Grabbing Special Cell, Pudukottai, Pudukottai District.

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

+1 CC to Mr.K.N.GOVARDHANAN, Advocate SR-68080. Crl.O.P.(MD).No.3987 of 2018 10.06.2019 CS: (25/06/2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/