Madras High Court
D.Velayutham vs The Superintendent Of Police on 13 July, 2022
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
W.P.No.16577 of 2022
sIN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
W.P. No.16577 of 2022 & WMP.No.15876 of 2022
1. D.Velayutham
2. V.Vijayprabakar ... Petitioners
Vs.
1. The Superintendent of Police,
Cuddalore District, Cuddalore.
2. The State Rep. by its The Inspector of Police,
Kammapuram Police Station,
Vriddhachalam Taluk, Cuddalore District.
3. Deivanayagi ... Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India,
pleased to issue a Writ of Mandamus or any other appropriate writ, order or
direction in the nature of writ, directing the first and second respondents to
conduct a detailed enquiry in respect of suspicious death of the two persons
with the third respondent and to file FIR under section 302 of IPC and also
for forgery, fabrication of records and criminal trespass into the properties of
the petitioners, on the complaint given by the petitioners dated 02.05.2022.
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W.P.No.16577 of 2022
For Petitioner : Mr.M.Padmanaban
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
The Writ Petition has been filed to the first and second respondents to conduct a detailed enquiry in respect of suspicious death of two persons and to register the First Information Report under section 302 of IPC and also for forgery, fabrication of records and criminal trespass into the properties of the petitioners, on the complaint given by the petitioners dated 02.05.2022.
2. Though various reliefs have been sought, after hearing the learned counsel appearing for the petitioner, it appears that the main dispute is with regard to the immovable properties and the third respondent appears to have given a similar complaint.
3. In such view of the matter, the respondent shall issue necessary notice under section 41A of Cr.P.C. to both the parties and conduct enquiry and if it is purely civil dispute, shall relegate the parties to the Civil Court. ________ https://www.mhc.tn.gov.in/judis Page 2 of 4 W.P.No.16577 of 2022
4. With the above observations, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.
13.07.2022 Index :Yes/No Internet :Yes/No vrc To
1. The Superintendent of Police, Cuddalore District, Cuddalore.
2. The State Rep. by its The Inspector of Police, Kammapuram Police Station, Vriddhachalam Taluk, Cuddalore District.
3. The Public Prosecutor, High Court of Madras.
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vrc W.P. No.16577 of 2022 13.07.2022 ________ https://www.mhc.tn.gov.in/judis Page 4 of 4