Madras High CourtCRL OP(MD)/9309/2016disposed of

Chinnathambi v. The Superintendent Of Police

2016-06-17Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9309 of 2016 Chinnathambi ... Petitioner -VsState rep. By its:- 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Sub-Inspector of Police, Mathur Police Station, Pudukottai District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the second respondent to register a case against the accused on the representation dated 11.04.2016. For Petitioner : Mr.N.Anandakumar For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner 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 complaint of the petitioner is that the proposed accused, by forging the signature of the petitioner, executed a sale deed in their favour, wherein the sons of the petitioner were stood as witnesses. A suit in O.S.No.85 of 1997 is also pending in that regard. As there was no case registered, the petitioner has come up with this petition. 4.According to the learned Government Advocate (Crl. Side), petition enquiry is pending.

https://hcservices.ecourts.gov.in/hcservices/ 5.In view of the above submission, the second 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 second 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. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (W) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Sub-Inspector of Police, Mathur Police Station, Pudukottai District.

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

+1 CC to Mr.N.Anandakumar, Advocate, SR No.31872 Crl.O.P.(MD).No.9309 of 2016 17.06.2016 mj SH/GSV-PM:06.07.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/