Madras High CourtCRL RC(MD)/615/2017dismissed

Tmt. Vidvakani v. The Sub Inspector Of Police

2017-08-03Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2017

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.R.C(MD).No.615 of 2017 Vidvakani ... Petitioner Vs The Sub Inspector of Police, Central Crime Branch, Madurai City.

... Respondent Prayer : Criminal Revision Case filed under Section 397 r/w 401 to set aside the order dated 06.06.2017 passed in Cr.M.P.No.1338 of 2017 by the Judicial Magistrate No.I, Madurai and consequently direct the respondent to register a case and enquire into the petitioner's complaint dated 16.05.2017.

For Petitioner : Mr.N.Kamesh For Respondent : Mr.C.Ramesh Additional Public Prosecutor

O R D E R

Challenging the order passed in the petitioner's application filed under Section 156(3) Cr.P.C., the present Criminal Revision Case has been filed.

2.The petitioner is said to have given a complaint against her sister and her husband alleging that earlier, she has executed a settlement deed dated 28.12.2007 in their favour and after executing the settlement deed, she continued to pay property tax and other taxes in her name. Subsequently, she unilaterally cancelled the settlement deed on 03.06.2011. Thereafter, the proposed accused have changed the property tax and other taxes in their names. In the above circumstances, the petitioner has filed a complaint before the respondent police and since no action has been taken, she has filed a petition under Section 156(3) Cr.P.C., seeking a direction to register a complaint against the proposed accused. 3.Based on the petition filed by the petitioner, enquiry was ordered by the Court below and the CCB police have enquired into the matter and filed a report stating that the parties are not cooperating with enquiry. Based on the report filed by the respondent police, the Court below has closed the complaint with a https://hcservices.ecourts.gov.in/hcservices/

liberty to proceed and file a complaint in accordance with law. 4.I have heard Mr.N.Kamesh, learned counsel appearing for the petitioner and Mr.C.Ramesh learned Additional Public Prosecutor appearing for the respondent and perused the records carefully. 5.Admittedly, the petitioner is said to have executed a settlement deed in favour of the proposed accused and subsequently, she cancelled the same unilaterally in the year 2011 which is purely a civil dispute and therefore, she cannot ask for registering a complaint against the proposed accused, alleging forgery. 6.I have gone through the entire records available on record. I find no irregularity or illegality in the order passed by the Court below.

7.In fine, this Criminal Revision Case is dismissed. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.I, Madurai

2. The Sub Inspector of Police, Central Crime Branch, Madurai City.

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

+ 1 CC TO Mr.N.KAMESH, ADVOCATE IN SR No. 70123 MJ TE/KKR/SAR-III : 16/08/2017 : 2P/5C Crl.R.C(MD) No.615 of 2017 03.08.2017 https://hcservices.ecourts.gov.in/hcservices/