S. Basheer Ibrahim v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.18142, 21310, 21510, 21589, 21188, 21821, 21886 and 21819 of 2015 S. BASHEER IBRAHIM ... PETITIONER in CRL OP(MD) No.18142/2015 SUBHA ... PETITIONER in CRL OP(MD) No.21188/2015 P. UMA ... PETITIONER in CRL OP(MD) No.21310/2015 R. ASAIKALAI ... PETITIONER in CRL OP(MD) No.21510/2015 M. SHAJAHAN ... PETITIONER in CRL OP(MD) No.21589/2015 V.JOHN BOSCO ... PETITIONER in CRL OP(MD) No.21819/2015 D. SATHIYAN ... PETITIONER in CRL OP(MD) No.21821/2015 BALAJI ... PETITIONER in CRL OP(MD) No.21886/2015 Vs.

1. THE SUPERINTENDENT OF POLICE, RAMNAD DISTRICT, RAMNAD.

2. THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMNAD DISTRICT.

3. THE SUB INSPECTOR OF POLICE, PARTHIBANOOR POLICE STATION, RAMNAD DISTRICT.

... RESPONDENTS IN CRL OP(MD) NO.18142/2015

1. THE SUPERINTENDENT OF POLICE, KANYAKUMARI DISTRICT

2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KUZHITHURAI (MARTHANDAM) KANYAKUMARI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.21188/2015 STATE REPRESENTED BY THE INSPECTOR OF POLICE K.PUDUPATTI POLICE STATION, THIRUMAYAM TALUK, PUDUKOTTAI DISTRICT. ... RESPONDENT in CRL OP(MD) No.21310/2015

1. THE SUPEREINDENT OF POLICE, THENI DISTRICT.

2. THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI. ... RESPONDENTS in CRL OP(MD) No.21510/2015

1. THE COMMISSIONER OF POLICE MADURAI CITY, MADURAI.

2. THE DEPUTY COMMISSIONER OF POLICE, MADURAI CITY (CRIME), MADURAI CITY.

3. THE INSPECTOR OF POLICE, B-5 SOUTH GATE (CRIME) POLICE STATION, MADURAI CITY. ... RESPONDENTS in CRL OP(MD) No.21589/2015

1. THE SUPERINTENDENT OF POLICE, TIRUNELVELI.

2. THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.21819/2015

1. THE SUPERINTENDENT OF POLICE, THENI DISTRICT.

2. THE INSPECTOR OF POLICE PERIYAKULAM VADAKARAI POLICE STATION PERIYAKULAM, THENI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.21821/2015

1. THE SUPERINTENDENT OF POLICE TIRUNELVELI, TIRUNELVELI DISTRICT.

2. THE INSPECTOR OF POLICE, MOONDRADAIPPU POLICE STATION, MOONDRADAIPPU, TIRUNELVELI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.21886/2015 Petition filed under Section 482 of Criminal Procedures Code, praying this Court to Prayer in CRL OP(MD) No.18142 of 2015:

To direct the 2nd Respondent to register a case on the complaint of the Petitioner dated 30.08.2014.

Prayer in CRL OP(MD) No.21188 of 2015:

To direct the 2nd respondent to register the case on the

petitioners complaint dated 27.2.2015 and to investigate the same within a stipulated time as may be fixed by the Honourable Court. Prayer in CRL OP(MD) No.21310 of 2015:

To direct the respondent to register the complaint of the petitioner dated 25.10.2015 for appropriate action according to law and pass such further or other orders as this Honourable Court. Prayer in CRL OP(MD) No.21510 of 2015:

To direct the 2 nd respondent to register the First information report against the proposed accused base on the Petitioners complaint dated 09.01.2014 lodged by the Petitioner and pass such further or other orders as this Honourable Court.

Prayer in CRL OP(MD) No.21589 of 2015:

To direct the 3 rd Respondent , to register the case on the basis of the Petitioners complaint dated 19.08.2015 and pass such further or other orders as this Honourable Court.

Prayer in CRL OP(MD) No.21819 of 2015:

To pass an order of direction directing the 2nd respondent herein to register the complaint of the petitioner herein dated 13.10.2015 and investigate the same in accordance with law.

Prayer in CRL OP(MD) No.21821 of 2015:

To direct the 2nd respondent herein to register the complaint of the petitioner dated 5.9.2015, investigate into the same and file final report in accordance with law.

Prayer in CRL OP(MD) No.21886 of 2015:

To direct the 2nd Respondent to register a case based on the petitioner complaint dated 06.11.2015.

FOR PETITIONER:

MR.A.G.SENTHILKUMAR, ADVOCATE IN CRL OP(MD) NO.18142 OF 2015 M/S K.P.NARAYANAKUMAR, ADVOCATE IN CRL OP(MD) No.21188 of 2015 M/S V.SINGAN, ADVOCATE IN CRL OP(MD) No.21310 of 2015 M/S S.MOORTHY, ADVOCATE IN CRL OP(MD) No.21510 of 2015 M/S M.KARUNANITHI, ADVOCATE IN CRL OP(MD) No.21589 of 2015 M/S T.PON RAMKUMAR, ADVOCATE IN CRL OP(MD) No.21819 of 2015 M/S V.JANAKIRAMULU, ADVOCATE IN CRL OP(MD) No.21821 of 2015 M/S R.PON KARTHIKEYAN, ADVOCATE IN CRL OP(MD) No.21886 of 2015 FOR RESPONDENTS:

MR.A.P.BALASUBRAMANI, GOVERNMENT ADVOCATE (CRL.SIDE) on behalf of all the Respondents in all Crl.OPs. COMMON ORDER These petitions have been filed under Section 482 Cr.P.C., directing the respective respondent Police to register the complaints of the respective petitioners against the proposed accused.

2.The learned Government Advocate (Crl.side) appearing for the respondent Police on instruction would submit that the complaints have been received by the respondent Police and the same will be enquired into and if any prima facie case is made out, the said complaints would be registered and the investigation would be completed. 3.Considering the submissions made on either side, this Court is inclined to direct the respective Police to enquire into the veracity of the complaint in adherence to the principles and directions laid down by the Honourable Apex Court in the case of Lalita Kumari -Vs-Government of U.P and others reported in 2013(4) Crimes 243 (SC) and complete the same within a period of one month from the date of receipt of a copy of this order. In the event of the respondent Police finding any prima facie case in the complaints of the petitioners, they shall register a case within a period of one week thereafter.

4.In case of closure of complaints, the respective respondent Police are directed to send a copy of the closure report to the petitioners within a period of one week from the date of closure. On receipt of the same, it is open to the petitioners either to make a private complaint or recourse to any other provisions of law. 5.The Criminal Original petitions are disposed of accordingly. Consequently connected M.p. is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Ramnad District.

2. The Superintendent of Police, Kanyakumari District.

3. The Superintendent of Police, Theni District.

4. The Commissioner of Police, Madurai City, Madurai.

5. The Superintendent of Police, Tirunelveli District,Tirunelveli.

6. The Deputy Commissioner of Police, Madurai City (Crime), Madurai City.

7. The Inspector of Police, Abiramam Police Station, Ramnad District.

8. The Inspector of Police, All Women Police Station, Kuzhithurai (Marthandam), Kanyakumari District.

9. The Inspector of Police, K.Puduppatti Police Station, Thirumayam Taluk, Pudukkottai District.

10.The Inspector of Police, Theni Police Station, Theni.

11.The Inspector of Police, B5, South Gate (Crime) Police Station, Madurai City.

12.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

13.The Inspector of Police, Periyakulam Vadakarai Police Station, Periyakulam, Theni District.

14.The Inspector of Police, Moondradaippu Police Station, Moondradaippu, Tirunelveli District.

15.The Sub Inspector of Police.

Parthibanoor Police Station, Ramnad District.

16.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.R.PON KARTHIKEYAN, ADVOCATE IN SR NO. 66866 + 1 CC TO M/S V.JANAKIRAMULU, ADVOCATE IN SR NO. 67113 + 1 CC TO MR.T.PON RAMKUMAR, ADVOCATE IN SR NO.66702 + 2 CC TO MR.K.P.NARAYANAKUMAR, ADVOCATE IN SR NO. 66980, 64836 CM TE/SKS-RR/ : 23/12/2015 : 5P/22C Crl.O.P.(MD)Nos. 18142, 21310, 21510, 21589, 21188, 21821, 21886 and 21819 of 2015 23.11.2015