Jayababu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Jayababu ... Petitioner Vs

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

2. The District Registrar, Sivagangai, Sivagangai District.

3. The Inspector of Police, District Crime Branch, Sivagangai, Sivagangai District.

4. The Sub-Registrar, Sub-Registrar Office Joint -1, Sivagangai, Sivagangai District.

5. Chinnasamy

6. Kavitha ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd Respondent to register a FIR against Respondents 5 and 6 on the basis of 1/5

the 4th Respondent letter vide Na.Ka.No.672/R1/2024 dated 15.02.2024 and the 1st Respondent complaint receipt dated 10.07.2024 for fraudulent sale deeds registration in connection with the Petitioner's family property.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.R.M.Anbunithi (R1&R3) Additional Public Prosecutor Mr.M.Senthil Ayyanar (R2 & R4) Government Advocate Mr.A.L.Kannan (R6)

O R D E R

This Writ Petition has been filed to direct the 3rd Respondent to register a FIR against the Respondents 5 and 6 on the basis of the 4th Respondent's letter vide Na.Ka.No.672/R1/2024 dated 15.02.2024 and the 1st Respondent's complaint receipt, dated 10.07.2024. 2.The learned Additional Public Prosecutor appearing for the respondent Police 1 and 3 would submit that they have received the complaint of the petitioner, the same is under consideration and it will be considered and disposed of within a period of 15 days. 2/5

3.The learned counsel appearing for the 6th respondent would submit that the prayer sought for by the petitioner cannot be granted, since the petitioner cannot seek a direction to register FIR against the respondents 5 and 6. Hence, it is liable to be dismissed. 4.The prayer of the petitioner is to direct the 3rd Respondent to register a FIR against Respondents 5 and 6 on the basis of the 4th Respondent letter dated 15.02.2024. The respondent police also admitted the receipt of the complaint of the petitioner. Therefore, it is for the 3rd respondent to consider the complaint of the petitioner in accordance with law.

5.In view of the above, this Court hereby directs the 3rd respondent to consider the complaint of the petitioner and dispose the same within a period of 15 days from the date of this order, after affording opportunities to both parties, in accordance with law. 3/5

6.With the above observations and directions, this Writ Petition is disposed of.

02.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To

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

2. The District Registrar, Sivagangai, Sivagangai District.

3. The Inspector of Police, District Crime Branch, Sivagangai, Sivagangai District.

4. The Sub-Registrar, Sub-Registrar Office Joint -1, Sivagangai, Sivagangai District.

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

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P.DHANABAL , J.

PNM ORDER IN 02.04.2025 5/5