P.Ganesan v. P.Thangavel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2014

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM

Crl.R.C.No.570 of 2014

P.Ganesan … Petitioner

vs. 1.P.Thangavel 2.A.Murugan 3.C.Doraisamy 4.M.Rajaram 5.State rep by The Inspector of Police, Mahalingapuram Police Station, Pollachi. … Respondents

Criminal Revision filed under Section 397 r/w 401 Cr.P.C. praying to set aside the order in C.M.P.No.3104 of 2014 dated 30.05.2014 on the file of learned Judicial Magistrate II, Pollachi to direct the 5th respondent to register a criminal case based on the petitioner's complaint.

For Petitioner : Mr.P.Kumaresan for Mr.R.Nandhakumar For Respondents: Mr.P.Kalimuthu (R1 to R3) Mr.Sukumaran (R4) Mr.Mohammed Riyaz, Govt.Advocate (Crl.side) (R5) O R D E R

This revision challenges the order of Judicial Magistrate II, Pollachi passed in C.M.P.No.3104 of 2014 on 30.05.2014. Thereunder the petitioner has sought a direction under Section 156(3) Cr.P.C. The complaint of the petitioner informs that a Will allegedly executed by his father was a forged one and that through such act of forgery the petitioner's right to self acquired properties was sought to be interfered with. The Court below has dismissed the petition merely informing that a Will was to be proved in keeping with Indian Succession Act, 1925 and the relief there regards was to be obtained through civil process. Though the Court below took note of the