Madras High CourtCRL OP(MD)/17611/2014dismissed

M.Abdul Jabbar v. The Inspector Of Police

2019-09-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.17611 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17611 of 2014 in M.P.(MD)No.1 of 2014 1.M.Abdul Jabbar 2.Shajakhan 3.Pandi ... Petitioners/ccused 1 to 3 Vs.

1.State represented by The Inspector of Police, Central Crime Branch, Madurai City, Madurai.

(Crime No.15 / 2014) : 1st Respondet/Complainant 2.M.Thamayandhi : 2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records in FIR in Crime No.15 of 2014 on the file of the first respondent and quash the same.

For Petitioner : Mr.R.J.Karthick For R1 : Mr.A.Robinson Government Advocate (Crl.side)] For R2 : Mr.K.K.Senthil

ORDER

The petitioners stand accused of the offence of forgery in Crime No.15 of 2014 on the file of the Central Crime Branch, Madurai.

2. The petitioners' claim is that the husband of the defacto complainant executed a sale agreement in their favour.

3. On the other hand, the allegation of the defacto complainant is that the signature of her husband Manickam was forged. When an allegation of forgery has been made, it is for the investigating agency to find out the truth.

4. In exercise of my inherent jurisdiction under Section 428 of Cr.P.C., it would not be possible to examine the matter on merits. It is also seen that the suit for specific performance was https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.17611 of 2014 filed by the petitioners herein. It was dismissed by the trial Court. But then, the Appellate Court has decreed the suit. EP has also been filed. But then, the decree was passed by the Appellate Court only in the month of April 2019.

5. The learned counsel appearing for the defacto complainant states that he intends to file a second appeal.

6. I have to bear in mind that the petitioners herein have earlier filed a writ petition before this Court alleging interference by the Police in a civil matter.

7. In this factual background, it is only just and proper that the police conduct a proper investigation in the matter. I find no ground to grant relief in this criminal original petition. The criminal original petition stands dismissed. It is made clear that I have not gone into the merits of the matter. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Rmi To 1.The Inspector of Police, Central Crime Branch, Madurai City, Madurai.

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

+1 CC to Mr.R.J.KARTHICK, Advocate SR-87268. +1 CC to Mr.K.K.SENTHIL, Advocate SR-87395.

Crl.O.P(MD)No.17611 of 2014 in M.P.(MD)No.1 of 2014 17.09.2019 CS(10.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2