S. STEOLA MASCARENHAS Vs. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICER, DINDIGUL DISTRICT AND ORS.

JUDGEMENT

(1.) This petition has been filed, seeking to direct the respondents to register a case based on the complaint of the petitioner dated 05.12.2015 and further direct them to investigate the matter in accordance with law.

(2.) The case of the petitioner is that she has preferred a complaint to the respondent on 05.12.2015 against on Sahaya Arputharaj, Anantha Munirajan, Subramaniyam and others for preparing false documents by forging the petitioner's signature and illegally registering the marriage vide Certificate of Registration No.75 of 2013 dated 15.05.2013 on the file of the Sub-Registrar, Nagalnaickenpatty, Dindigul District, which act attracts the offences under Sections 120(B), 417, 420, 468 and 471 IPC.

(3.) On going through the averments made in the affidavit, this Court is of the view that the allegation with regard to fabrication of documents has to be investigated by the Police. Therefore, this Criminal Original Petition is disposed of with a direction to the second respondent Police to enquire into the veracity of the complaint of the petitioner in adherence to the principles and directions laid down by the Honourable Apex Court in the case of Lalita Kumari Vs Government of U.P and others, 2013 4 Crimes(SC) 243 (SC) and complete the same within a period of one month from the date of receipt of a copy of this order. In the event of the second respondent finding any prima facie case in the complaint of the petitioner, they shall register a case within a period of one week thereafter. However, it is made clear before taking a decision on the complaint, in one way or the other, the complainant should be heard. In case of closure of the complaint, the second respondent Police is directed to send a copy of the closure report to the petitioner within a period of one week from the date of closure. On receipt of the same, it is open to the petitioner either to make a private complaint or recourse to any other provisions of law.