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Madras High CourtCRL OP/17036/2016closed

Jaya Arumugam v. The Superintendent Of Police

2016-08-16Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.08.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.Nos.17036 AND 18139 of 2016 Jaya Arumugam ... Petitioner in Crl.OP.17036/16 A.P.Palanivel ... Petitioner in Crl.OP.18139/16 Vs 1.The Superintendent of Police, Salem District.

2.The Inspector of Police, Annadhanapatty Police Station, Salem District.

... Respondents in Crl.OP.17036/16 The Inspector of Police, Rasipuram Police Station, Namakkal District.

... Respondent in Crl.OP.18139/16 Crl.OP.No.17036 of 2016 : Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register a case based on the complaint given by the petitioner dated 22.07.2016. Crl.OP.No.18139 of 2016 : Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to register the complaint dated 22.07.2016 given by the petitioner and investigate the same in accordance with law.

For Petitioner : Mr.Bharth Venkatesh in Crl.OP.17036/16 For Petitioner in Crl.OP.18139/16 : Mr.I.C.Vasudevan For Respondent/s : Mr.C.Emalias, APP in both Crl.OPs C O M M O N O R D E R These petitions have been filed to register the complaints dated 22.07.2016.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. When the matter was taken up for hearing, learned Additional Public Prosecutor submitted that one Palanivel [petitioner in Crl.OP.No.18139 of 2016] has given a complaint dated 22.07.2016 against Dilli Arumugam, who is the father of Jaya Arumugam [petitioner in Crl.OP.No.17036/16]. In that complaint, Palanivel has alleged that Dilli Arumugam had received Rs.15Lakhs promising to get a job and cheated Palanivel. On the complaint given by Palanivel, petition enquiry is pending in CSR.No.200 of 2016 before the Inspector of Police, Rasipuram Police Station, Namakkal. In order to coverup that case, Jaya Arumugam has lodged a complaint dated 22.07.2016 before the Inspector of Police, Annadhanapatty Police Station, Salem alleging

that his father Dilli Arumugam was abducted by Palanivel. On the complaint lodged by Jaya Arumugam, petition enquiry is pending in CSR.No.367 of 2016 before the Inspector of Police, Annadhanapatty Police Station, Salem.

4. Under such circumstances, the Inspector of Police, Rasipuram Police Station, Namakkal is directed to conduct a thorough enquiry in CSR.No.200 of 2016 and take action against Dilli Arumugam in accordance with law. As regards Crl.OP.No.17036 of 2016 is concerned, no positive direction can be issued to the Inspector of Police, Annadhanapatty Police Station, Salem to register an FIR in CSR.No.367 of 2016. However, liberty is given to Jaya Arumugam to go in person and lodge a fresh complaint, containing the very same contents as stated in the previous complaint dated 22.07.2016 before the Inspector of Police, Rasipuram Police Station, Namakkal and on such complaint being given, the Inspector of Police, Rasipuram Police Station, Namakkal is directed to enquire into the genuineness of the same and take action in accordance with law. With the above direction, these petitions are closed. 16.08.2016 gya

P.N.PRAKASH, J.

gya To 1.The Superintendent of Police, Salem District.

2.The Inspector of Police, Rasipuram Police Station, Namakkal.

3.The Inspector of Police, Annadhanapatty Police Station, Salem District.

4.The Public Prosecutor, High Court, Madras.

CRL.OP.Nos.17036 & 18139 of 2016 16.08.2016