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K.P.Ayyar vs The Superintendent Of Police

Madras High Court|13 September, 2017

JUDGMENT / ORDER

This Criminal Original Petition has been filed for a direction to the first respondent to direct the second and third respondents not to interfere in the civil dispute.
2.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the first and third respondents.
3.The case of the petitioner is that the petitioner has purchased a property comprised in S.No.117/1B measuring an extent of 15 cents situated at Kallapatti Village, Sindupatti Sub Division, Perayoor Taluk. It is admitted that the property was originally belongs to one Rasu Thevar. It is further stated by the petitioner that the said Rasu Thever executed a gift settlement deed in favour of his daughter, namely, one Gandhiammal vide registered settlement deed dated 08.05.2008. It is on the basis of the said settlement deed, the said Gandhiammal has executed a sale deed in favour of the petitioner.
4.Further it is stated that the brother of Gandhiammal, by name, Thavamani has given a complaint, stating that the settlement deed has been forged. On the basis of the complaint given by the third respondent, an enquiry was conducted.
5.The learned Government Advocate, on instructions, submitted that the said Gandhiammal, has admitted that the signature in the settlement deed has been forged. Since the petitioner's vendor has admitted her guilt and gave a statement before the police that she would redeem the property by settling the entire consideration received from the petitioner, the case is not a pure civil dispute.
6.Hence this Court is not inclined to entertain this petition. The second respondent is directed to hold enquiry and file a charge sheet after making a thorough investigation.
7.Accordingly, the Criminal Original petition is dismissed.
To
1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Anti Land Grabbing Special Cell, Madurai.
3.The Inspector of Police, Sedapatti Police Station, Madurai District.
.
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Title

K.P.Ayyar vs The Superintendent Of Police

Court

Madras High Court

JudgmentDate
13 September, 2017