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Madras High CourtCRL OP(MD)/6610/2024disposed of

S.Mohamed Denish v. The Inspector Of Police

2024-04-30Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.6610 of 2024 S.Mohamed Denish, ... Petitioner Vs

1. The Inspector of Police, District Crime Branch, Office of the Superintendent of Police, Tiruchirapalli - 620 020.

2. Fathima,

3. Hajeera,

4. S.Inaiyathullah,

5. The Superintendent of Police, Tiruchirapalli.

... Respondents (*R5 suo-motu impleaded by this Court by order dated 30.04.2024) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue direction directing the respondent to comply the order dated 21.07.2023 made in Cr.M.P.No.20675 of 2023 on the file of the learned Judicial Magistrate No.V, Tiruchirappalli.

For Petitioner : Mr.P.Arun Jayatram For R1 : Mr.E.Antony Sahaya Prabahar 1/5

Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to the respondent police to comply with the order passed by the learned Judicial Magistrate No.V, Tiruchirappalli. in Cr.M.P.No.20675 of 2023, dated 21.07.2023.

2.The learned Counsel appearing for the Petitioner submits that the respondent police has not registered a case as directed by the learned Judicial Magistrate No.V, Tiruchirappalli.

3.The learned Additional Public Prosecutor appearing for the respondent police submits that the learned Judicial Magistrate No.V, Tiruchirappalli has referred the petitioner's complaint to the respondent police under Section 156(3) Cr.P.C for conducting enquiry and register a case, if any cognizable offence is made out. The allegation in this case is tampering of the legal heir certificate. The respondent police has made a 2/5

request to the revenue officials to ascertain the genuineness of the legal heir certificate. They are awaiting for the report. 4.This Court considered the rival submissions made. 5.It appears that the respondent police has not acted upon the complaint for the past one year. Therefore, this Court suo-motu impleads the Superintendent of Police, Tiruchirapalli as the fifth respondent in this petition and the Superintendent of Police, Tiruchirapalli, is directed to look into the matter and to entrust the complaint to any other sincere officer and ensure that action has been taken on the complaint within a period of two weeks, from the date of receipt of a copy of this order. 5.With the above direction, this criminal original petition is disposed of.

30.04.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR 3/5

To

1. The Inspector of Police, District Crime Branch, Office of the Superintendent of Police, Tiruchirapalli - 620 020.

2. The Superintendent of Police, Tiruchirapalli.

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

4/5

B.PUGALENDHI , J.

LR CRL.O.P (MD) No.6610 of 2024 30.04.2024 5/5