Madras High CourtCRL RC(MD)/672/2020dismissed

V.S.T.Nagoor Meeran v. S.A.Shekmydeen

2022-04-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD) No.672 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.672 of 2020 V.S.T.Nagoor Meeran ... Petitioner/Petitioner Vs.

1. S.A.Shekmydeen

2. V.S.T.Sahul Hammed

3. Khan @ Pilamber Khan

4. The Inspector of Police, Melapalayam P.S, Melapalayam, Tirunelveli.

...Respondent/Respondent

Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records and the order passed in Cr.MP.No.5936 of 2020 on the file of the Judicial Magistrate No.V, Tirunelveli by allowing this Criminal Revision petition.

For Petitioner : Mr.H.Arumugam For Respondents : Mr.T.Selvan for R1 to R3 : Mr.M.Aasha Government Advocate (Criminal Side) for R4

O R D E R

This petition has been filed to call for the records and to set aside the order passed in Cr.MP.No.5936 of 2020 on the file of the Judicial Magistrate No.V, Tirunelveli, dismissing the petition filed seeking direction under Section 156(3) of Cr.P.C. 2.The petitioner originally lodged a complaint before the fourth respondent and the same has not been taken on file. Therefore, the petitioner was constrained to file a petition seeking direction under Section 156(3) of Cr.P.C.

3.On a perusal of the complaint, it is seen that it is a civil dispute among brothers in respect of administrating the Wakf property. Therefore, the learned Judicial Magistrate No.V, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD) No.672 of 2020 Tirunelveli, dismissed the petition.

4. However, the learned counsel for the petitioner would submit that the accused person have forged the signature of a dead person and thereby committed very serious offences.

5. This Court finds no infirmity or illegality in the order passed by the Court below. Accordingly, this Criminal Revision Petition stands dismissed. However, the petitioner is at liberty to lodge a complaint in the manner known to law. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) pnn To:- 1..The Judicial Magistrate No.V, Tirunelveli.

2. The Inspector of Police, Melapalayam P.S, Melapalayam, Tirunelveli

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

Crl.R.C.(MD)No.672 of 2020 13.04.2022 SB(CO) KB(25.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2