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Madras High CourtWP(MD)/3515/2025disposed of

M.Muthulakshmi v. The Superintendent Of Police

2025-02-07Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD)No.3515 of 2025 M.Muthulakhmi ... Petitioner Vs

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

2. The Inspector of Police, R.K.Puram Police Station, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the respondents herein to take appropriate action to issue lookout notice against accused Sailavijayaraja and dispose the petitioners complaint dated 30.01.2025 within a stipulated period as prescribed by this Honourable Court . For Petitioner : Mr.C.Iyyappa Raj For Respondents :

For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) Page No. 1 of 6

O R D E R

This petition has been filed by the petitioner to take appropriate action to issue lookout notice against the accused Sailavijayaraja and to dispose the petitioner's representation dated 30.01.2025.

2. According to the petitioner, he lodged a complaint as against one Sailavijayaraja, Ramasamy and Jayakumar stating that with intent to deceive the petitioner had forged a sale deed as if the petitioner has signed in the said deed with plan to grab the property of the petitioner. Therefore, he lodged a complaint before the 2nd respondent police on 06.10.2020 and F.I.R has been registered in Crime No. 455 of 2020 for the offence under Sections 120(B), 467 and 468 IPC. The said Sailavijayaraja has been staying in abroad for the past five years without cooperating for the investigation and without obtaining any anticipatory bail. Thereafter, the said Sailavijayaraja and in the year 2024, got anticipatory bail. Taking advantage of the illiteracy of the petitioner, he had cheated and grabbed the property through the sale deed. The said case has been numbered as CC.No.259 of 2024 and posted for hearings. The said Sailavijayaraja is not cooperating for the investigation and dragging the case. Therefore, he Page No. 2 of 6

sent a representation to the respondents on 30.01.2025 to issue lookout notice to the said Sailavijayaraja through the Immigration Department, but no action was taken. Hence he filed this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that based on the complaint given by the petitioner, F.I.R in Crime No.455 of 2020 under Sections 120(B), 467 and 468 IPC has been registered. The said Sailavijayaraja has got Anticipatory bail and executed the sureties and conditions imposed by the Court also complied with. According to the respondents, no necessity arise in this case for issuing lookout notice since he already got anticipatory bail. Therefore, the representation of the petitioner will be disposed of within a week.

4. This Court heard the counsels on both sides and perused the materials on record.

5. As far as issue of lookout circular is concerned, the respondent has to decide as to whether it is necessary or not and the petitioner cannot insist the respondents to issue lookout circular. This Court also noticed Page No. 3 of 6

that the petitioner has not impleaded the person against whom he sought for relief through the police for lookout notice and the same also has to be considered. Since the respondents received the representation of the petitioner, it is for the respondents to take appropriate decision to dispose the representation of the petitioner dated 30.01.2025 in accordance with law. Accordingly, the respondents are direct to dispose the representation of the petitioner dated 30.01.2025 in accordance with law on merits within two weeks from the date of this order.

6. With the above said observations and directions, this writ petition is disposed of. No costs.

07.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac Page No. 4 of 6

To

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

2. The Inspector of Police, R.K.Puram Police Station, Tirunelveli District.

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

Page No. 5 of 6

P.DHANABAL , J.

mac W.P(MD)No.3515 of 2025 07.02.2025 Page No. 6 of 6