HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.41285 OF 2022
ORDER:
Heard Smt.T.Dhanalakhsmi, learned counsel for the petitioner and the learned Assistant Government Pleader for Home.
2. The petitioner filed a memo dated 30.11.2022 in proof of service of personal notice to respondent Nos.6 and 7.
3. This writ petition is filed to declare the action of respondent No.5 threatening the petitioner to alter the registered Will deed bearing document No.126/2022 as illegal and arbitrary.
4. The learned Assistant Government Pleader for Home, submitted written instructions stating that respondent No.6 Smt.Kavitha Salomi, who is the daughter-in-law of the petitioner, gave a petition stating that the petitioner is harassing her family to vacate the house where she had been residing from the past 27 years. Her brother-in-law is supporting the petitioner and requested the police to take necessary action. On receipt of the above petition, General Diary (GD) entry was made and enquiry is being conducted. The allegation of the petitioner is that respondent No.5 is threatening to alter the registered Will deed is denied as false.
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5. In view of the above facts and circumstances, the writ petition is closed, Respondent No.5 is directed to comply with the procedure as contemplated under Section 41A of the Code of Criminal Procedure, 1973 and as per, the Hon'ble Supreme Court Judgment in ARNESH KUMAR v. STATE OF BIHAR, if any crime is registered on the complaint lodged by respondent No.6 on 01.11.2022.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
________________________ B. VIJAYSEN REDDY, J Date: 23.12.2022 AQS/YNK