The petitioner filed a petition in the High Court of Madras seeking an order directing police to investigate the forgery of her grandfather's signature on a 1999 partition deed. The court notes that the police had already investigated and filed a report in 1999. The court ruled that a direction for new investigation in 2015 cannot be given for an incident from 1999, but that the petitioner can challenge the deed in a civil court. The petition was therefore closed and the registry's objection upheld.
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CRLOPSR15141
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2015
CORAM :
THE HONOURABLE MR. JUSTICE P.N.PRAKASH
Crl.O.P.SR.No.15141 of 2015
P.Chandira .. Petitioner
Vs.
1. The Inspector of Police,
Kavindapadi Erode District
2. The Inspector of Police,
District Crime, Erode District
3. The Sub-Inspector of Police,
Bhavani, Erode District
4. Inspector of Police,
Bhavani, Erode District
5. The Deputy Superintendent of Police,
Bhavani, Erode District
6. The Superintendent of Police,
Erode District
7. The Director General of Police,
Chennai .. Respondents
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Prayer:- Petition has been filed under Section 482 of Cr.P.C. to direct
the respondents to register the complaint of the petitioner to find out the
person who signed my grand father's forgery signature as he was not
able to sign from 17.05.1999 and made thumb impression in Partition
deed.
For petitioner/ Party in person : Ms.P.Chandira
O R D E R
This petition has been filed by the petitioner to direct the
respondents to register the complaint of the petitioner to find out the
person who signed her grand father's forgery signature as he was not
able to sign from 17.05.1999 and made thumb impression in Partition
deed. This petition is listed today under the caption for maintainability.
2. Heard the petitioner, party-in-person and perused the materials
placed on record.
3. Even according to the petitioner, she lodged a complaint, which
has been investigated by the police and final report has been filed
before learned Judicial Magistrate No.II, Bhavani. It is alleged by the
petitioner that her grand father's Will dated 02.06.1999 has been forged
by some persons. It is to be noted that for the incident that is alleged to
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have been taken place in the year 1999, the petitioner wants to conduct
investigation in the year 2015. Therefore, positive direction to the police
cannot be given to conduct investigation in the case. However, it is
open to the petitioner to approach the Civil Court by challenging the Will
by filing appropriate application.
With the above observation, this petition is closed and the
objection raised by the Registry is upheld.
16.04.2015
Index: Yes/No
Internet: Yes/No
ssd
P.N.PRAKASH,J.,
ssd
To
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1. The Inspector of Police,
Kavindapadi Erode District
2. The Inspector of Police,
District Crime, Erode District
3. The Sub-Inspector of Police,
Bhavani, Erode District
4. Inspector of Police,
Bhavani, Erode District
5. The Deputy Superintendent of Police,
Bhavani, Erode District
6. The Superintendent of Police,
Erode District
7. The Director General of Police,
Chennai
8. The Public Prosecutor,
High Court, Madras.
Crl.O.P.SR.No.15141 of 2015
16.04.2015