Citation : 2022 Latest Caselaw 6948 Tel
Judgement Date : 23 December, 2022
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.
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
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