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Madras High CourtCRL OP(MD)/1189/2015ordered

Karuppaiah v. The Superintendent Of Police

2015-03-17Honourable Mr Justice C. T. Selvam17 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)Nos.1189, 1205, 1234, 1247, 1266, 1281, 1282, 1291, 1303, 1306, 1311, 1320, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1337, 1341, 1342, 1352, 1358, 1359, 1361, 1366, 1382, 1391, 1421, 1423, 1425, 1428, 1439, 1449, 1450, 1452, 1457 of 2015 and connected miscellaneous petitions KARUPPAIAH ... PETITIONER in CRL OP(MD) No.1189 of 2015 ARUMUGA NAINAR ... PETITIONER in CRL OP(MD) No.1205 of 2015 NASRIN BANU ... PETITIONER in CRL OP(MD) No.1234 of 2015 M. SUBBULAKSHMI ... PETITIONER in CRL OP(MD) No.1247 of 2015 N. SARANYA ... PETITIONER in CRL OP(MD) No.1266 of 2015 ARUNACHALAM ... PETITIONER in CRL OP(MD) No.1281 of 2015 V. KANNAN ... PETITIONER in CRL OP(MD) No.1282 of 2015 DEVAKI ... PETITIONER in CRL OP(MD) No.1291 of 2015 DR.K.SUBBIAH ... PETITIONER in CRL OP(MD) No.

1303 of 2015 AJMAL NAZEEMKAN ... PETITIONER in CRL OP(MD) No.1306 of 2015 MATHI ... PETITIONER in CRL OP(MD) No.1311 of 2015 S.UTHAYAN ... PETITIONER in CRL OP(MD) No.1320 of 2015 G.NAMALVAR ... PETITIONER in CRL OP(MD) No.1329 of 2015 K.ARJUNAN ... PETITIONER in CRL OP(MD) No.1330 of 2015 V.A.RAJ ... PETITIONER in CRL OP(MD) No.1331 of 2015 C.MOULANA SOWKATH ALI ... PETITIONER in CRL OP(MD) No.1332 of 2015 KANNAKI ... PETITIONER in CRL OP(MD) No.1333 of 2015 MARY SABINA ... PETITIONER in CRL OP(MD) No.1334 of 2015 MALATHI ... PETITIONER in CRL OP(MD) No.1335 of 2015 M.JUDE BURNABAS ... PETITIONER in CRL OP(MD) No.1337 of 2015 C.BALIAH ... PETITIONER in CRL OP(MD) No.1341 of 2015 R.ARULKUMAR ... PETITIONER in CRL OP(MD) No.1342 of 2015 BANUMATI ... PETITIONER in CRL OP(MD) No.1352 of 2015 ADAIKALAM ... PETITIONER in CRL OP(MD) No.

1358 of 2015 R.TAMILMOZHI ... PETITIONER in CRL OP(MD) No.1359 of 2015 THANGARAJ ... PETITIONER in CRL OP(MD) No.1361 of 2015 T.ARULMANI ... PETITIONER in CRL OP(MD) No.1366 of 2015 P.MARUDHU ... PETITIONER in CRL OP(MD) No.1382 of 2015 P.KUMARAVEL ... PETITIONER in CRL OP(MD) No.1391 of 2015 R. PANDIYARAJ ... PETITIONER in CRL OP(MD) No.1421 of 2015 T.SORNAM ... PETITIONER in CRL OP(MD) No.1423 of 2015 V.ANBU JOTHIKA ... PETITIONER in CRL OP(MD) No.1425 of 2015 K. RASATHI ... PETITIONER in CRL OP(MD) No.1428 of 2015 MOHAMMED YOUNUS SALEEM ... PETITIONER in CRL OP(MD) No.1439 of 2015 ANGUTHEVI ... PETITIONER in CRL OP(MD) No.1449 of 2015 R.RAJARAMAN ... PETITIONER in CRL OP(MD) No.1450 of 2015 P.SAJAHAN ... PETITIONER in CRL OP(MD) No.1452 of 2015 VINOTH ... PETITIONER in CRL OP(MD) No.

1 THE SUPERINTENDENT OF POLICE SIVAGANGAI DISTRICT SIVAGANGAI.

2 THE DEPUTY SUPERINTENDENT OF POLICE RAMNAGAR DEVAKOTTAI SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION DEVAKOTTAI SIVAGANGAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1189 of 2015 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DIST 2 THE INSPECTOR OF POLICE MOOLAIKARAIPATTI POLICE STATION NANGUNERI TALUK TIRUNELVELI DIST ... RESPONDENTS in CRL OP(MD) No.1205 of 2015 1 THE SUPERINTENDENT OF POLICE SIVAGANGAI DISTRICT SIVAGANGAI 2 THE INSPECTOR OF POLICE ILAYANKUDI POLICE STATION SIVAGANGAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1234 of 2015 1 THE SUPERINTENDENT OF POLICE MADURAI RURAL MADURAI DISTRICT 2 THE INSPECTOR OF POLICE Y. OTHAKADAI POLICE STATION MADURAI-625 107 ... RESPONDENTS in CRL OP(MD) No.1247 of 2015 1 THE SUPERINTENDENT OF POLICE THENI DISTRICT THENI 2 THE INSPECTOR OF POLICE VEERAPANDI POLICE STATION THENI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1266 of 2015 1 THE COMMISSIONER OF POLICE TIRUNELVEIL CITY, TIRUNELVELI 2 THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION TIRUNELVELI ... RESPONDENTS in CRL OP(MD) No.1281 of 2015 1 THE SUPERINTENDENT OF POLICE THENI DISTRICT 2 THE DEPUTY SUPERINTENDENT OF POLICE BODINAYAKANUR THENI DISTRICT.

3 THE INSPECTOR OF POLICE BODINAYAKANUR A.W.P.S. THENI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1282 of 2015 1 THE DEPUTY SUPERINTENDENT OF POLICE KULITHALAI KARUR DISTRICT.

2 THE INSPECTOR OF POLICE KULITHALAI POLICE STATION KARUR DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1291 of 2015 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE ANTI LAND GRABBING CELL TIRUNELVELI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1303 of 2015 1 THE SUPERINTENDENT OF POLICE SIVAGANGAI DIST 2 THE DEPUTY SUPERINTENDENT OF POLICE SIVAGANGAI DIST 3 THE SUB INSPECTOR OF POLICE TIRUPPATHUR TALUK THIRUPATHUR SIVAGANGAI DIST ... RESPONDENTS in CRL OP(MD) No.1306 of 2015 1 THE SUPERINTENDENT OF POLICE PUDUKKOTTAI DIST PUDUKKOTTAI 2 THE INSPECTOR OF POLICE KEERANUR POLICE STATION PUDUKKOTTAI DIST ... RESPONDENTS in CRL OP(MD) No.1311 of 2015 1 THE SUPERINTENDENT OF POLICE THENI THENI DIST 2 THE INSPECTOR OF POLICE PALANICHETTIPATTI POLICE STATION THENI DIST ... RESPONDENTS in CRL OP(MD) No.1320 of 2015 1 THE COMMISSIONER OF POLICE MADURAI CITY MADURAI.

2 THE SUB-INSPECTOR OF POLICE C-3 S.S. COLONY POLICE STATION MADURAI CITY.

... RESPONDENTS in CRL OP(MD) No.1329 of 2015 1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT MADURAI.

2 THE INSPECTOR OF POLICE KALLIKUDI POLICE STATION MADURAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1330 of 2015 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT TIRUNELVELI.

2 THE INSPECTOR OF POLICE PANANGUDI POLICE STATION TIRUNELVELI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1331 of 2015 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT DINDIGUL.

2 THE INSPECTOR OF POLICE SOUTH POLICE STATION DINDIGUL DISTRICT DINDIGUL. ... RESPONDENTS in CRL OP(MD) No.1332 of 2015 1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT NAGERCOIL.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION NAGERCOIL KANYAKUAMRI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1333 of 2015 1 THE SUPERINTENDENT OF POLICE NAGERCOIL KANYAKUMARI DISTRICT.

2 THE INSPECTOR OF POLICE KOTTAR POLICE STATION KANYAKUAMRI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1334 of 2015 1 THE SUPERINTENDENT OF POLICE TRICHY.

2 THE INSPECTOR OF POLICE MUSIRI POLICE STATION.

... RESPONDENTS in CRL OP(MD) No.1335 of 2015 1 THE ASSISTANT COMMISSIONER OF POLICE TIRUNELVELI CITY TIRUNELVELI.

2 THE INSPECTOR OF POLICE LAND GRABBING TIRUNELVELI CITY TIRUNELVELI. ... RESPONDENTS in CRL OP(MD) No.1337 of 2015 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION TIRUNELVELI.

... RESPONDENTS in CRL OP(MD) No.1341 of 2015

1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT MOONTRUMAVADI AZHAGARKOVIL ROAD MADURAI.

2 THE INSPECTOR OF POLICE APPANTHIRUPATHY POLICE STATION AZHAGARKOVIL ROAD MADURAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1342 of 2015 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT DINDIGUL.

2 THE INSPECTOR OF POLICE DINDIGUL WEST POLICE STATION DINDIGUL.

... RESPONDENTS in CRL OP(MD) No.1352 of 2015 1 THE SUPERINTENDENT OF POLICE MADURAI RURAL DISTRICT MADURAI 2 THE INSPECTOR OF POLICE PERUNKUDI POLICE STATION MADURAI DIST ... RESPONDENTS in CRL OP(MD) No.1358 of 2015 1 THE SUPERINTENDENT OF POLICE SIVAGANGAI SIVAGANGAI DIST 2 THE DEPUTY SUPERINTENDENT OF POLICE THIRUPATHUR SIVAGANGAI DIST 3 THE INSPECTOR OF POLICE THIRUPATUR TOWN POLICE STATION THIRUPATHUR SIVAGANGAI DIST ... RESPONDENTS in CRL OP(MD) No.1359 of 2015 1 THE SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE DINDIGUL.

2 THE INSPECTOR OF POLICE DISTRICT CRIME RBANCH DINDIGUL.

3 MANOKARAN 4 CHITRA 5 SUGANYA ... RESPONDENTS in CRL OP(MD) No.1361 of 2015 1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT.

2 THE ADDITIONAL SUPERINTENDENT OF POLICE COLACHEL KANYAKUMARI.

3 THE INSPECTOR OF POLICE VELLICHANTHAI POLICE STATION KANYAKUAMRI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1366 of 2015

1 THE COMMISSIONER OF POLICE MADURAI CITY POLICE POLICE COMMISSIONERATE MADURAI 625 001.

2 THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH (CCB) MADURAI CITY POLICE VISWANATHAPURAM MADURAI 625 014.

... RESPONDENTS in CRL OP(MD) No.1382 of 2015 1 THE INSPECTOR OF POLICE KEELARAJAKULARAMAN POLICE STATION RAJAPALAYAM VIRUDHUNAGAR DISTRICT.

2 THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR.

... RESPONDENTS in CRL OP(MD) No.1391 of 2015 1 THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR 2 THE DEPUTY SUPERINTENDENT OF POLICE VIRUDHUNAGAR VIRUDHUNAGAR DISTRICT 3 THE SUB INSPECTOR OF POLICE VIRUDHUNAGAR RURAL POLICE STATION VIRUDHUNAGAR DISTRICT ... RESPONDENTS in CRL OP(MD) No.1421 of 2015 1 THE SUPERINTENDENT OF POLICE THOOTHUKUDI THOOTHUKUDI DISTRICT 2 THE INSPECTOR OF POLICE NORTH POLICE STATION THOOTHUKUDI THOOTHUKUDI DIST ... RESPONDENTS in CRL OP(MD) No.1423 of 2015 1 THE SUPERINTENDENT OF POLICE THOOTHUKUDI THOOTHUKUDI DISTRICT 2 THE INSPECTOR OF POLICE SAWERPURAM POLICE STATION THOOTHUKUDI DISTRICT ... RESPONDENTS in CRL OP(MD) No.1425 of 2015 1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION THALLAKULAM MADURAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1428 of 2015 1 THE INSPECTOR OF POLICE LANF GRABBING CELL TUTICORIN 2 THE DEPUTY SUPERINTENDENT OF POLICE ANTI LAND GRABBING CELL TUTICORIN DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1439 of 2015

1 THE INSPECTOR OF POLICE MELUR POLICE STATION MADURAI DISTRICT ... RESPONDENTS in CRL OP(MD) No.1449 of 2015 1 THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE TRICHY 2 THE INSPECTOR OF POLICE THIRUVARAMBUR POLICE STATION THIRUVARAMBUR TRICHY DISTRICT ... RESPONDENTS in CRL OP(MD) No.1450 of 2015 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DIST TIRUNELVELI 2 THE INSPECTOR OF POLICE MUNNEERPALLAM POLICE STATION TIRUNELVELI DISTRICT ... RESPONDENTS in CRL OP(MD) No.1452 of 2015 1 THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR 2 THE INSPECTOR OF POLICE SATTUR TALUK POLICE STATION VIRUDHUNAGAR ... RESPONDENTS in CRL OP(MD) No.1457 of 2015 Prayer in CRL OP(MD) No.1189 of 2015:

To direct the 3rd respondent to register the case/ FIR/on the complaint of the petitioner dated 18.01.2015 and to investigate to file a final report within a stipulated time as fixed by this Honourable Court. Prayer in CRL OP(MD) No.1205 of 2015:

To direct the respondents to register the case on the complaint of the petitioner dated 29.11.2014.

Prayer in CRL OP(MD) No.1234 of 2015:

To direct the 2nd respondent to register the complaint dated 17.12.2014 preferred by the petitioner for the offence punishable under sections 294 (b), 506(ii) IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act and to take action against the accused persons in accordance with law Prayer in CRL OP(MD) No.1247 of 2015:

To direct the 2nd respondent to register a case on petitioner's complaint dated 01.01.2015 within the time as fixed by this Hon'ble Court. Prayer in CRL OP(MD) No.1266 of 2015:

To issue a direction, directing the 2nd respondent to register a case on the basis of the complaint given by the petitioner on 13.01.2015 Prayer in CRL OP(MD) No.1281 of 2015:

To direct the 2nd respondent herein to register the complaint given by the petitioner dated 13.09.2014 and take necessary action on the basis of the complaint within the time stipulated by this court.

Prayer in CRL OP(MD) No.1282 of 2015:

To direct the respondent police to register a case on the complaint dated 16.09.2014 given by the petitioner against the accused Mahalakshmi, Sathyavani, Pandi, Mokkaiya Thevar, Perumal Chettiyar, Sanjeeviyammal and Gopikrishna mentioned in the complaint Prayer in CRL OP(MD) No.1291 of 2015:

To direct the 2nd respondent to register the petitioner's representation dated 18.01.2015 which discloses cognizable offences punishable under sections 147, 148, 294(b), 324 and 506(ii) of IPC r/w. 3(1) (x) SC/ ST Act Prayer in CRL OP(MD) No.1303 of 2015:

To direct the 2nd respondent to register the petitioner's complaint dated 2.12.2014 and investigate the same and file final report in accordance with law.

Prayer in CRL OP(MD) No.1306 of 2015:

To order the respondents to register a case on the complaint dated 07.01.2015 preferred by the petitioner.

Prayer in CRL OP(MD) No.1311 of 2015:

To direct the 2nd respondent to register a case based on the complaint given by the petitioner on 04.04.2014.

Prayer in CRL OP(MD) No.1320 of 2015:

To direct the respondents to register a case based on the complaint dated 11.01.2015 given by the petitioner.

Prayer in CRL OP(MD) No.1329 of 2015:

To direct the 2nd respondent to register the FIR against the accused persons based on the petitioners complaint dated 02.01.2015 within the time limit that may be stipulated by this Honourable Court. Prayer in CRL OP(MD) No.1330 of 2015:

To grant direction, directing the respondents to take the complaint dated 09.12.2014 made by the petitioner into investigation and register the same in accordance with law and file final report before the concerned Judicial Magistrate Court, within the time limit that may be stipulated by this Honourable Court.

Prayer in CRL OP(MD) No.1331 of 2015:

To direct the 2nd respondent herein to register a case based on the complaint dated 13.08.2014 preferred by the petitioner and file a final report within the time that may be stipulated by this Honourable Court. Prayer in CRL OP(MD) No.1332 of 2015:

To direct the 2nd respondent to register the petitioner's complaint dated 07.01.2015 and investigate the same in accordance with law. Prayer in CRL OP(MD) No.1333 of 2015:

To direct the 2nd respondent to register a case for the complaint given by the petitioner dated 7.1.2015.

Prayer in CRL OP(MD) No.1334 of 2015:

To direction to the 1st respondent to instruct the 2nd respondent to register a case based on the complaint dated 02.01.2015. Prayer in CRL OP(MD) No.1335 of 2015:

To direct the 2nd respondent to register a FIR on the complaint of the petitioner dated 28th October 2014 and to proceed in accordance with law. Prayer in CRL OP(MD) No.1337 of 2015:

To direct the respondents to register case on the complaint of the petitioner dated 20.11.2014.

Prayer in CRL OP(MD) No.1341 of 2015:

To direct the 2nd respondent herein to register the complaint of the petitioner dated 2.1.2013, investigate into the case in accordance with law and file final report within a reasonable time. Prayer in CRL OP(MD) No.1342 of 2015:

To direct the 2nd respondent to register a case based on the complaint of the petitioner dated 20.11.2014 against the Managing Director of the CR Engineering College, Azhagarkoil Road, Madurai and investigate the case according to law.

Prayer in CRL OP(MD) No.1352 of 2015:

To direct the 2nd respondent to register the case on the basis of the complaint given by the petitioner dated 12.12.2014 and investigate the case accordance with law.

Prayer in CRL OP(MD) No.1358 of 2015:

To direct the 1st respondent to issue necessary direction to the 2nd respondent to register the complaint o f the petitioner dated 22.12.2014 sent to the 2nd respondent.

Prayer in CRL OP(MD) No.1359 of 2015:

To direct the 1st respondent to instruct the 3rd respondent to register the case based on the complaint given by the petitioner on 05.01.2015 and investigate the same and file final report within the period specified by this court.

Prayer in CRL OP(MD) No.1361 of 2015:

To direct the respondent No.2 to register a FIR against respondent No.3 to 5 based onthe complaint dated 30.12.2014.

Prayer in CRL OP(MD) No.1366 of 2015:

To direct the respondents herein to register the complaint of the petitioner dated 22.12.2014 investigate into the same in accordance with law and file final report at the earliest.

Prayer in CRL OP(MD) No.1382 of 2015:

To direct the 2nd respondent to register a case in respect of the petitioner's complaint dated 14.07.2014 pending enquiry in C.No. 675/Camp/PG/COP/MC/14 on the file of the 2nd respondent. Prayer in CRL OP(MD) No.1391 of 2015:

To direct the 1st respondent to register the FIR on the basis of the complaint given by the petitioner herein on 30.11.2014 and investigate the case in accordance with law.

Prayer in CRL OP(MD) No.1421 of 2015:

To direct the 3rd Respondent police to register the FIR in the complaint of the petitioner dated 19/01/2015 in L.P.No.5/2015 and act in accordance with law.

Prayer in CRL OP(MD) No.1423 of 2015:

To direct the 2nd respondent to register a case based on the petitioner's complaint dated 24.06.2014 investigate the same and file a final report within the stipulated time as may be fixed by this court. Prayer in CRL OP(MD) No.1425 of 2015:

To direct the 2nd respondent to register a case based on the petitioner complaint dated 24.10.2014 investigate the same and file a final report within the stipulated time.

Prayer in CRL OP(MD) No.1428 of 2015:

To direct the respondents herein to register the FIR on the basis of the complaint given by the petitioner dated 24/01/2015. Prayer in CRL OP(MD) No.1439 of 2015:

To direct the 1st respondent police to register a case on the complaint given by the petitioner dated 22/03/2014.

Prayer in CRL OP(MD) No.1449 of 2015:

To direct the respondent herein to register the FIR on the basis of the complaint given by the petitioner dated 14.01.2015. Prayer in CRL OP(MD) No.1450 of 2015:

To direct the 2nd respondent to register a case against the accused persons on the complaints dated 07.01.2015 and investigate the same and the file the final report within a time frame fixed by this court. Prayer in CRL OP(MD) No.1452 of 2015:

To direct the Inspector of Police, Munneerpallam Police Station, Tirunelveli District the 2nd respondent herein to register the petitioner's complaint dated 20.01.2015 as a FIR as expeditiously as possible within the stipulated period as prescribed by this court. Prayer in CRL OP(MD) No.1457 of 2015:

To direct the 2nd respondent to register a case/ FIR on the complaint given by the petitioner dated 12.12.2014 and investigate into the matter and file a final report within a period prescribed by this Honble Court herein M/S.S.MUTHUKUMAR ... for PETITIONER in CRL OP(MD) No.1189 of 2015 M/S.V.KANNAN ... for PETITIONER in CRL OP(MD) No.1205 of 2015 M/S.R.GANDHI ... for PETITIONER in CRL OP(MD) No.1234 of 2015 M/S.P.NATARAJAN ... for PETITIONER in CRL OP(MD) No.1247 of 2015 M/S.P.R.PRITHIVIRAJ ... for PETITIONER in CRL OP(MD) No.1266 of 2015 M/S.A.ROBINSON ... for PETITIONER in CRL OP(MD) No.1281 of 2015 M/S.A.K.MANICKAM ... for PETITIONER in CRL OP(MD) No.1282 of 2015 M/S.S.RAMESH BABU ... for PETITIONER in CRL OP(MD) No.1291 of 2015 M/S.V.SASIKUMAR ... for PETITIONER in CRL OP(MD) No.1303 of 2015 M/S.M.SRIDHARAN ... for PETITIONER in CRL OP(MD) No.1306 of 2015 M/S.P.T.RAMESH RAJA ... for PETITIONER in CRL OP(MD) No.1311 of 2015

M/S.S.BASKAR MATHURAM ... for PETITIONER in CRL OP(MD) No.1320 of 2015 M/S.M.S.JEYAKARTHIK ... for PETITIONER in CRL OP(MD) No.1329 of 2015 M/S.G.THALAIMUTHARASU ... for PETITIONER in CRL OP(MD) No.1330 of 2015 M/S.M.MAHARAJAN ... for PETITIONER in CRL OP(MD) No.1331 of 2015 M/S.M.BENAZIR BEGUM ... for PETITIONER in CRL OP(MD) No.1332 of 2015 M/S.K.SUDALAIYANDI ... for PETITIONER in CRL OP(MD) No.1333 of 2015 M/S.S.BASKAR MATHURAM ... for PETITIONER in CRL OP(MD) No.1334 of 2015 M/S.RM.SIVAKUMAR ... for PETITIONER in CRL OP(MD) No.1335 of 2015 M/S.H.ARUMUGAM ... for PETITIONER in CRL OP(MD) No.1337 of 2015 M/S.K.APPADURAI ... for PETITIONER in CRL OP(MD) No.1341 of 2015 M/S.M.PUNITHA DEVA KUMAR ... for PETITIONER in CRL OP(MD) No.1342 of 2015 M/S.P.VENKATESAN ... for PETITIONER in CRL OP(MD) No.1352 of 2015 M/S.C.PRABAKARAN ...

for PETITIONER in CRL OP(MD) No.1358 of 2015 M/S.S.MAHALINGAM ... for PETITIONER in CRL OP(MD) No.1359 of 2015 M/S.KR.SINGARA VADIVEL ... for PETITIONER in CRL OP(MD) No.1361 of 2015 M/S.M.SARAVANA KUMAR ... for PETITIONER in CRL OP(MD) No.1366 of 2015 M/S.M.P.DHAMODARAN ... for PETITIONER in CRL OP(MD) No.1382 of 2015 M/S.N.MOHIDEEN BASHA ... for PETITIONER in CRL OP(MD) No.1391 of 2015 M/S.G.MARIMUTHU ... for PETITIONER in CRL OP(MD) No.1421 of 2015 M/S.S.MUTHALRAJ ... for PETITIONER in CRL OP(MD) No.1423 of 2015 M/S.S.MUTHALRAJ ... for PETITIONER in CRL OP(MD) No.1425 of 2015 M/S.M.SELVENDRAN ... for PETITIONER in CRL OP(MD) No.1428 of 2015 M/S.V.BALU ... for PETITIONER in CRL OP(MD) No.1439 of 2015 M/S.M.SELVENDRAN ... for PETITIONER in CRL OP(MD) No.1449 of 2015 M/S.T.VADIVELAN ... for PETITIONER in CRL OP(MD) No.1450 of 2015 M/S.

R. ANAND ... for PETITIONER in CRL OP(MD) No.1452 of 2015 M/S.M.SOLAISAMY ... for PETITIONER in CRL OP(MD) No.1457 of 2015 For Respondent: Mr.K.V.RajaRajan, Government Advocate (Crl.Side) in all Crl.OPs C O M M O N O R D E R For the past two and a half months, this Court has been passing the following orders on petitions seeking registration of complaint: "By way of an interim order, this Court directs respondent police to peruse the complaint preferred by petitioner herein and register a case if the same informs commission of cognizable offence. In particular instances, respondent police may resort to a petition enquiry which again shall not extend beyond a period of one week. This order is made towards effecting and ensuring compliance with the decision of the Apex Court in Lalita Kumari vs. Govt. of U.P.

& others [2013 (4) Crimes 243 (SC)]. It is expected that respondent police will follow the dictate of the Apex Court in the aforesaid judgment in letter and spirit and not give room for any further action at the hands of this Court. In the event of respondent police not being in receipt of complaint allegedly preferred before them by petitioner, it would always be open for respondent police to inform such position at the next hearing date.

Post after two weeks."

Despite the same, we note that generally, action of the respondents have been more in the breach than in observance.

2. The matter is one of grave concern. Despite the decision of the Apex Court in Lalita Kumari vs. Govt. of U.P.& Others (2013 (4) Crimes 243 (SC)) and despite the repeated direction of this Court requiring action of respondent police, the respondent police ever so often, are found to conduct themselves with gay abandon.

3. This Court, therefore, directs the respondents to strictly follow the mandate in Lalita Kumari vs. Govt. of U.P.& Others (2013 (4) Crimes 243 (SC)) and register cases without fail, where reading of the complaint informs congnizable offences. Their failure to do so would be actionable in contempt at the hands of the respective petitioners. Respondent Police may also note that if their resorting to conduct of petition enquiry, is seen as a ruse to avoid the registration of a case, the same would be actionable in contempt. We would also add a word in caution that the decision of the Apex Court in Arnesh Kumar vs. State of Bihar and Another reported in (2014) 3 MLJ (Crl) (SC) scrupulously is to be followed. Such decision in paragraph Nos.9, 14 and 15, inform thus: "9.

From a plain reading of the aforesaid provision, it is evident that a person accused of offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by the police officer only on its satisfaction that such person had committed the offence punishable as aforesaid.

Police officer before arrest, in such cases has to be further satisfied that such arrest is necessary to prevent such person from committing any further offence; or for proper investigation of the case; or to prevent the accused from causing the evidence of the offence to disappear; or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the Court or the police officer; or unless such accused person is arrested, his presence in the court whenever required cannot be ensured. These are the conclusions, which one may reach based on facts.

Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. Law further requires the police officers to record the reasons in writing for not making the arrest. In pith and core, the police office before arrest must put a question to himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve? It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised. In fine, before arrest first the police officers should have reason to believe on the basis of information and material that the accused has committed the offence.

Apart from this, the police officer has to be satisfied further that the arrest is necessary for one or the more purposes envisaged by sub-clauses (a) to (e) of clause (1) of Section 41 of Cr.P.C.

14.Our endeavour in this judgment is to ensure that police

officers do not arrest accused unnecessarily and Magistrate do not authorize detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:

(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b) (ii);

(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

(4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;

(5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;

(6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

(7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.

(8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

15.We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.

4.These petitions are ordered as above. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub- Assistant Registrar To

1. THE COMMISSIONER OF POLICE TIRUNELVELI DISTRICT

2. THE COMMISSIONER OF POLICE MADURAI CITY, MADURAI

3. THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE, TRICHY

4. THE ASSISTANT COMMISSIONER OF POLICE, TIRUNELVELI CITY, TIRUNELVELI

5. THE DEPUTY SUPERINTENDENT OF POLICE, BODINAYAKANUR, THENI DISTRICT

6. THE DEPUTY SUPERINTENDENT OF POLICE, KULITHALAI, KARUR DISTRICT

7. THE DEPUTY SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT

8. THE DEPUTY SUPERINTENDENT OF POLICE, THIRUPATHUR, SIVAGANGAI DISTRICT

9. THE DEPUTY SUPERINTENDENT OF POLICE, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT

10. THE DEPUTY SUPERINTENDENT OF POLICE, ANTI LAND GRABBING CELL, TUTICORIN DISTRICT

11. THE SUPERINTENDENT OF POLICE SIVAGANGAI DISTRICT, SIVAGANGAI.

12. THE SUPERINTENDENT OF POLICE RAMNAGAR, DEVAKOTTAI,SIVAGANGAI DISTRICT.

13. THE SUPERINTENDENT OF POLCIE TIRUNELVELI DISTRICT

14. THE SUPERINTENDENT OF POLCIE MADURAI RURAL, MADURAI DISTRICT

15. THE SUPERINTENDENT OF POLCIE THENI DISTRICT, THENI

16. THE SUPERINTENDENT OF POLCIE THENI DISTRICT

17. THE SUPERINTENDENT OF POLCIE PUDUKKOTTAI DISTRICT

18. THE SUPERINTENDENT OF POLCIE MADURAI DISTRICT, MADURAI

19. THE SUPERINTENDENT OF POLCIE DINDIGUL DISTRICT, DINDIGUL

20. THE SUPERINTENDENT OF POLCIE KANYAKUMARI DISTRICT, NAGERCOIL

21. THE SUPERINTENDENT OF POLCIE NAGERCOIL, KANYAKUMARI DISTRICT

22. THE SUPERINTENDENT OF POLCIE TRICHY

23. THE SUPERINTENDENT OF POLCIE MADURAI DISTRICT, MOONTRUMAVADI, AZHAGARKOVIL ROAD, MADURAI.

24. THE SUPERINTENDENT OF POLCIE VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR

25. THE SUPERINTENDENT OF POLCIE THOOTHUKUDI, THOOTHUKUDI DISTRICT

26. THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

27. THE INSPECTOR OF POLICE MOOLAIKARAIPATTI POLICE STATION, NANGUNERI TALUK, TIRUNELVELI DISTRICT

28. THE INSEPCTOR OF POLICE, ILAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT

29. THE INSEPCTOR OF POLICE, Y.OTHAKADAI POLICE STATION, MADURAI-625 107

30. THE INSPECTOR OF POLICE VEERAPANDI POLICE STATION, THENI DISTRICT

31. THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT

32. THE INSPECTOR OF POLICE BODINAYAKANUR A.W.P.S. THENI DISTRICT

33. THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT

34. THE INSPECTOR OF POLICE ANTILAND GRABBING CELL, TIRUNELVELI DISTRICT

35. THE INSPECTOR OF POLICE KEERANUR POLICE STATION, PUDUKKOTTAI DISTRICT

36. THE INSEPCTOR OF POLICE, PALANICHETTIPATTI POLICE STATION, THENI DISTRICT

37. THE INSPECTOR OF POLICE KALLIKUDI POLICE STATION, MADURAI DISTRICT

38. THE INSPECTOR OF POLICE PANANGUDI POLICE STATION, TIRUNELVELI DISTRICT

39. THE INSPECTOR OF POLICE SOUTH POLICE STATION, DINDIGUL DISTRICT, DINDIGUL

40. THE INSEPCTOR OF POLICE, ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT

41. THE INSPECTOR OF POLICE KOTTAR POLICE STATION, KANYAKUMARI DISTRICT

42. THE INSPECTOR OF POLICE MUSIRI POLICE STATION

43. THE INSPECTOR OF POLICE LAND GRABBING, TIRUNELVELI CITY, TIRUNELVELI

44. THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, TIRUNELVELI

45. THE INSEPCTOR OF POLICE, APPANTHIRUPATHY POLICE, AZHAGARKOVIL ROAD, MADURAI DISTRICT

46. THE INSPECTOR OF POLICE DINDIGUL WEST POLICE STATION, DINDIGUL

47. THE INSPECTOR OF POLICE PERUNKUDI POLICE STATION, MADURAI DISTRICT

48. THE INSPECTOR OF POLICE THIRUPATHUR TOWN POLICE STATION, THIRUPATHUR, SIVAGANGAI DISTRICT

49. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL

50. THE INSPECTOR OF POLICE VELLICHANTHAI POLICE STATION, KANYAKUMARI DISTRICT

51. THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH, (CCB), MADURAI CITY POLICE , VISWANATHAPURAM, MADURAI,

52. THE INSPECTOR OF POLICE KEELARAJAKULARAMAN POLICE STATION, RAJAPALAYAM, VIRDHUNAGAR DISTRICT

53. THE INSPECTOR OF POLICE NORTH POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

54. THE INSPECTOR OF POLICE SAWERPURAM POLICE STATION, THOOTHUKUDI DISTRICT

55. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI DISTRICT

56. THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT

57. THE INSPECTOR OF POLICE THIRUVARAMBUR POLICE STATION, TRICHY DISTRICT

58. THE INSPECTOR OF POLICE MUNNEERPALLAM POLICE STATION, TIRUNELVELI DISTRICT

59. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

60. THE SUB-INSPECTOR OF POLICE C-3,S.S.COLONY POLICE STATION, MADURAI CITY.

61. THE SUB INSPECTOR OF POLICE VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

62. THE SUB INSPECTOR OF POLICE TIRUPPATHUR TALUK, SIVAGANGAI DISTRICT +1cc to MR.P.NATARAJAN, ADVOCATE in SR.No. 12898/15 +1cc to M/S.A.ROBINSON, ADVOCATE in SR.No. 14448/15 +1cc to P.T.RAMESH RAJA, ADVOCATE in SR.No. 13083/15 +1cc to MR.H.ARUMUGAM, ADVOCATE in SR.No. 12952/15 +1cc to M/S.K.APPADURAI, ADVOCATE in SR.No. 12880/15 +1cc to M/S.H.THAYUMANASWAMY, ADVOCATE in SR.No. 13601/15 +1cc to M/S.M.SOLAISAMY, ADVOCATE in SR.No. 13461/15 AM Sm:26.05.2015:17P/70C Crl.O.P.(MD)Nos.1189, 1205,1234, 1247, 1266, 1281, 1282,1291, 1303, 1306, 1311, 1320,1329, 1330, 1331, 1332, 1333, 1334, 1335, 1337, 1341, 1342,1352, 1358, 1359, 1361, 1366, 1382, 1391, 1421, 1423, 1425,1428,1439, 1449,1450, 1452,1457 of 2015 and connected miscellaneous petitions 17.03.2015