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Madras High CourtWP(MD)/21526/2023disposed of

M.Arunachalam v. The Superintendent Of Police

2023-09-05Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN M.Arunachalam .. Petitioner Vs.

1. The Superintendent of Police, District Crime Branch, O/o.The Superintendent of Police, Samathanapuram, Thirunelveli District.

2.The Deputy Superintendent of Police, District Crime Branch, O/o.The Superintendent of Police, Samanathapuram, Thirunelveli District.

3.The Inspector of Police, Serious Fraud Investigation Office (SFIO), District Crime Branch, O/o. The Superintendent of Police, Samanathapuram, Thirunelveli District.

4.The Sub Inspector of Police, Thisayanvilai Police Station, Thirunelveli District.

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5.N.Suveendran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of mandamus, to forbear the respondents police 1 to 4 not to proceed & conduct any inquiry on the complaint lodged by the 5th respondent under their proceedings bearing No.G4/467/5344551/2023 pertaining to the Probate O.P.No.94/2022 pending adjudication before the District Court, Tiruvandrum filed under Section 222, 276 & 379 of the Indian Succession Act in respect of the Will dated 04.11.2021 executed by Late.T.Natarajan. For Petitioner : Mr.M.Ponniah For R1 to R4 : Mr.SS.Madhavan, Government Advocate(Crl.Side) For R5 : Mr.T.Antony Arulraj

O R D E R

This Writ Petition has been filed for the issuance of writ of mandamus, to forbear the respondent police 1 to 4 not to proceed & conduct any inquiry on the complaint lodged by the 5th respondent under their proceedings bearing No.G4/467/5344551/2023 pertaining to the Probate O.P.No.94/2022 pending adjudication before the District Court, 2/6

Tiruvandrum, filed under Sections 222, 276 & 379 of the Indian Succession Act in respect of the Will dated 04.11.2021 executed by Late.T.Natarajan.

2. When this matter came up for admission on 04.09.2023, this Court issued the following direction:

"Mr.SS.Madhavan, learned Government Advocate (Criminal side) takes notice for respondent Nos.1 to 4. 2.Considering the serious allegations made by the petitioner in this petition, this Court is inclined to issue a direction to the Deputy Superintendent of Police, District Crime Branch,O/o. the Superintendent of Police, Samathanapuram, Tirunelveli District, who issued the notice for enquiry under Section 91 of the Code of Criminal Procedure, to appear before this Court on 05.09.2023.

3.List the matter on 05.09.2023 in the admission list."

3. When the matter is taken up for hearing today, as per the direction of this Court, the Deputy Superintendent of Police, Samathanapuram, Tirunelveli District, is appeared before this Court and 3/6

submitted that the FIR was registered for the offence under Sections 406, 420, 465, 467, 468 and 120B IPC in Crime No.15 of 2023.

4. In view of the above submission, this Court is inclined to issue the following direction:

"(i) In view of the registration of the FIR in Crime No.15 of 2023, the petitioner is at liberty to file the appropriate proceedings before the concerned Court. Since the FIR registered is pending, as per Section 41(a) of Cr.P.C, this Court granted time for two weeks to file the appropriate petition before the appropriate Court.

(ii). In the meantime, the respondent police are restrained from taking any coercive steps against the petitioner."

5. With the above direction, this writ petition is disposed of. No costs.

05.09.2023 NCC :Yes/No Index :Yes/No 4/6

Internet : Yes/ No PJL To

1. The Superintendent of Police, District Crime Branch, O/o.The Superintendent of Police, Samathanapuram, Thirunelveli District.

2.The Deputy Superintendent of Police, District Crime Branch, O/o.The Superintendent of Police, Samanathapuram, Thirunelveli District.

3.The Inspector of Police, Serious Fraud investigation office (SFIO), District Crime Branch, O/o.The Superintendent of Police, Samanathapuram, Thirunelveli District.

4.The Sub Inspector of Police, Thisayanvilai Police Station, Thirunelveli District.

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

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K.K. RAMAKRISHNAN. J., PJL Dated : 05.09.2023 6/6