Madras High CourtCRL OP(MD)/7157/2016disposed of

M.Machakalai v. The Superintendent Of Police

2016-06-14Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.7157 of 2016 M.Machakalai ... Petitioner -Vs1.The Superintendent of Police, Theni District 2.The Inspector of Police, Allinagaram Police Station Theni District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent police to register a case on the complaint dated 11.04.2016 given by the petitioner against the accused mentioned in the complaint.

For Petitioner : Mr.A.K.Manickam For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the second respondent to register the case on the basis of the petitioner's complaint dated 11.04.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.

3. The sum and substance of the petitioner preferred by the petitioner is that he is the bonafide purchaser and the accused persons have created a forged unregistered Will and thereby trying to grab the said property. Therefore, a complaint came to be lodged. Since a case has not been registered, this petition has been filed for the aforesaid relief.

4. According to the learned Government Advocate (Crl. Side), petition enquiry is pending before the 2nd respondent. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the above submission, the respondent is directed to expedite the enquiry and complete the same within a period of

one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the respondent police shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC).In case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. On receipt of the same, it is open to the petitioner to work out his remedy in the manner known to law.

With the above direction, this Criminal Original Petition is disposed of.

Sd/ Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District 2.The Inspector of Police, Allinagaram Police Station Theni District.

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

+1cc to Mr.A.K.Manickam, Advocate in SR.NO.30260 SDR/NGM-MP/23.06.2016/2P/5C Crl.O.P.(MD).No.7157 of 2016 14.06.2016 https://hcservices.ecourts.gov.in/hcservices/