Mohamedkani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.5414 of 2018 Mohamedkani ... Petitioner -VsState through 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

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

... Respondents Prayer: Criminal Original petition - filed under Section 482 of Code of Criminal Procedure, to direct the 2nd respondent to register the case on the petitioner's complaint dated 04.03.2018 in accordance with law.

For Petitioner : Mr.C.Susi Kumar For Respondents : Mr.K.K.Ramakrishna Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent to register the case based on the petitioner's complaint dated 04.03.2018.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.The learned counsel for the petitioner and the proposed accused are brothers. The father of the petitioner purchased a property in his life time, but he did not execute any settlement deed to anyone. The brother of the petitioner has executed a forged settlement deed in favour of third parties in order to grab the entire property. Hence the petitioner lodged a complaint before the first respondent. Since no action has been taken, the present Criminal Original Petition has been filed by the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondents submits that the civil dispute between the petitioner and the proposed accused in O.S.No.153 of 2018 is now pending https://hcservices.ecourts.gov.in/hcservices/

before the Additional District Court, Tirunelveli District and the petitioner is also a party to the above said proceedings. Subsequently the petitioner has lodged a complaint before the first respondent.

5.In view of the above submission, during the pendency of the civil suit before the competent Court, this Court cannot consider the present Criminal Original Petition. It is open to the petitioner to approach the competent court to agitate the issue. 6.Withe the aforesaid observation, the Criminal Original Petition is dismissed.

Sd/ Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

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

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

+1cc to Mr.M.SUBASH BABU, Advocate, SR.No.60631 Crl.O.P.(MD) No.5414 of 2018 09.04.2018 TA KK/KKR/04.05.2018/SAR-2/2P-5C https://hcservices.ecourts.gov.in/hcservices/