M.Pasumpon v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.7629 of 2016 M.Pasumpon ... Petitioner -Vs1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Chekkanoorani Police Station, Madurai District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the second respondent to register FIR on the basis of the petitioner's complaint dated 01.04.2016 and initiate necessary action in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking a direction to the second respondent to register FIR on the basis of the petitioner's complaint dated 01.04.2016 and initiate necessary action in accordance with law.

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

3. The case of the petitioner is that after the demise of his grandfather, the properties belong to him were inherited by the petitioner and his cousin. While so, in the absence of the petitioner, his cousin/proposed accused created forged documents and removed the name of the petitioner from the joint patta and enjoying the share belonging to the petitioner herein. When the petitioner questioned the same and demanded partition, the accused person along with others threatened him with dire consequences. https://hcservices.ecourts.gov.in/hcservices/

Therefore, the petitioner has made a complaint to the respondents. Since no action has been taken in the said complaint, he is before this Court with the aforesaid prayer.

4. According to the learned Government Advocate (Crl. Side), petition enquiry is stated to be pending before the 2nd respondent.

5. In view of the above submission, the 2nd 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-II) /True Copy/ Sub Assistant Registrar RR To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Chekkanoorani Police Station, Madurai District.

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

+1CC to Mr.R.Alagumani, Advocate Sr.no.29230 GJM/SKS/RR/23.6.16-2p-5c Crl.O.P.(MD).No.7629 of 2016 07.06.2016 https://hcservices.ecourts.gov.in/hcservices/