K.Dhandapani,S/O.S.R.Kanakaraj v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD) No.23953 of 2016 K.Dhandapani ... Petitioner / De-facto Complainant Vs.

1.The Inspector of Police, Thiruvidaimarudur, Thiruvidaimarudur Taluk, Thanjavur District - 612 001.

2.The Sub-Registrar, Thiruvidaimarudur, Thiruvidaimarudur Taluk, Thanjavur District - 612 001.

... 1st and 2nd Respondent / De Jure Complainants 3.K.Kaveri Ammal ... 3rd Respondent / Accused PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to order the first respondent police to complete Criminal Proceedings in Fir No.95/2015 on the file of the first respondent police, by way of investigations, charge sheeting and to file the final report of the action taken to this Court within a stipulated time frame as been directed by this Court. For Petitioner : Mr.R.Prakash For R1 and R2 : Mr.K.Anbarasan Government Advocate ****

ORDER

The Criminal Original Petition has been filed to order the first respondent police to complete Criminal Proceedings in Fir No.95/2015 on the file of the first respondent police, by way of investigation, charge sheeting and to file the final report of the action taken to this Court.

2.Heard, learned counsel appearing for the petitioner and the learned Government Advocate, appearing for the 1st and 2nd respondents.

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3.The case of the petitioner is that a complaint was lodged by him, for serious offences of forgery of documents and for creating ownership over the property on the basis of the forged patta obtained by the third respondent. It is stated that the property was originally owned by the petitioner's father and after his demise, the petitioner is also one of the heirs of the deceased father. The third respondent herein is none else the mother of the petitioner has created a forged document, namely, Patta so as to enable the property to be convey in favour of the sisters of the petitioner who are all legal heirs of the petitioner's father. It is on the basis of the complaint, this Court find that cognizable offences are made out.

4.The learned counsel for the petitioner states that the fact that the document, namely, the patta has been forged is revealed from the communication received from the Revenue Department. 5.In the said circumstances, this Court is of the view that the investigation of this case can be completed within a reasonable time and final report can also be filed. Hence, this petition is allowed and the first respondent is directed to complete the investigation and file a charge sheet in Crime No.95 of 2015 on the file of the first respondent within a period of three months from the date of receipt of copy of this order. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub-Assistant Registrar To 1.The Inspector of Police, Thiruvidaimarudur, Thiruvidaimarudur Taluk, Thanjavur District - 612 001. 2.The Sub-Registrar, Thiruvidaimarudur, Thiruvidaimarudur Taluk, Thanjavur District - 612 001.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +One cc to M/s.R.Prakash, Advocate, SR.No.76260 cmr/dss RL/5C/2P/SV/MMS/SAR1/15/9/2017 CRL.OP.(MD) No.23953 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 04.09.2017