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Madras High CourtCRL OP(MD)/18494/2015disposed of

Syed Ayoon v. The Inspector Of Police

2015-11-30Honourable Mr Justice S. Vaidyanathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.18494, 21332, 21590, 21921, 22404 and 22488 of 2015 SYED AYOOB ... PETITIONER in CRL OP(MD) No.18494 of 2015 T. LOGANATHAN ... PETITIONER in CRL OP(MD) No.21332 of 2015 SENTHIL KUMAR ... PETITIONER in CRL OP(MD) No.21590 of 2015 R.VENKATTA RAMANUJAM ... PETITIONER in CRL OP(MD) No.21921 of 2015 D. BALAJI BALAKRISHNAN ROLL NO. 505 OFFICE ASSISTANT (MULTIPURPOSE) PANDYAN GRAMA BANK VIRUDHUNAGAR BRANCH 329 RAILWAY FEEDER ROAD VIRUDHUNAGAR - 626001 ... PETITIONER in CRL OP(MD) No.22404 of 2015 S.VASUDEVA RAJA ... PETITIONER in CRL OP(MD) No.22488 of 2015 -VS1 THE INSPECTOR OF POLICE EDAMALAIPATTIPUDUR POLICE STATION TRICHY CITY. ... RESPONDENTS in CRL OP(MD) No.18494 of 2015 1 THE SUPERINTENDENT OF POLICE TANJORE DISTRICT.

2 THE INSPECTOR OF POLICE ORATHANADU POLICE STATION TANJORE DISTRICT.

... RESPONDENTS in CRL OP(MD) No.21332 of 2015 1 THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE MADURAI CITY MADURAI.

2 THE INSPECTOR OF POLICE E3 ANNANAGAR POLICE STATION MADURAI.

... RESPONDENTS in CRL OP(MD) No.21590 of 2015 1 THE INSPECTOR OF POLICE LAND GRABBING WING CHOOLAKARAI POLICE STATION VIRUDHUNAGAR DIST.

2 THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DIST.

... RESPONDENTS in CRL OP(MD) No.21921 of 2015 1 THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR 2 THE INSPECTOR OF POLICE VIRUDHUNAGAR WEST POLICE STATION VIRUDHUNAGAR ... RESPONDENTS in CRL OP(MD) No.22404 of 2015

1 THE DISTRICT SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR 2 THE INSPECTOR OF POLICE SOUTH POLICE STATION RAJAPALAYAM VIRUDHUNAGAR DISTRICT ... RESPONDENTS in CRL OP(MD) No.22488 of 2015 Prayer in CRL OP(MD) No.18494 of 2015:

To directing the respondent police to register the case on the petitioners complaint dated 6.9.2015.

Prayer in CRL OP(MD) No.21332 of 2015:

To pass appropriate orders directing the 2nd respondent to register a case on the complaint of the petitioner dated 26.10.2015 Prayer in CRL OP(MD) No.21590 of 2015:

To direct the respondents No.2 to register the FIR and initiate necessary action in accordance with law on the basis of the complaint given by the Petitioner dated 20.02.2015 within the time stipulated by this Honourable Court and pass such further or other order. Prayer in CRL OP(MD) No.21921 of 2015:

To direct the 1st respondent to register a case on the complaint of the petitioner dated 08/10/2015 and further direct him to investigate the matter in accordance with law and pass such further or other orders. Prayer in CRL OP(MD) No.22404 of 2015:

To direct the Respondent 2 to register F.I.R. on the basis of the complaint on 14.10.2015 and consequently to direct the Respondent 2 to complete the investigation in accordance with law within the time stipulated by this Honourable High Court Prayer in CRL OP(MD) No.22488 of 2015:

to issue a direction to the 2nd respondent police to register a case on the petitioners complaint dated 11.02.2015 and thus render justice. M/S K.GOKUL, Counsel for the petitioner in CRL OP(MD) No.18494 of 2015 M/S C.K.M. APPAJI, Counsel for the petitioner in CRL OP(MD) No.21332/15 M/S P.B.SURESH BABU, Counsel for the petitioner in CRL OP(MD) No.21590/15 M/S R.SANTHANAM, Counsel for the petitioner in CRL OP(MD) No.21921 of 2015 M/S C.MASILAMANI,Counsel for the petitioner in CRL OP(MD) No.22404 of 2015 M/S.N.DILIP KUMAR,Counsel for the petitioner in CRL OP(MD) No.22488/15 For Respondent : Mr.A.P.Balasubramani, G.A.(Crl.side) in all the 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 instructions, 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 complaints 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. Sd/- Assistant Registrar(record) /True copy/ Sub AssistantRegistrar To

1. THE INSPECTOR OF POLICE EDAMALAIPATTIPUDUR POLICE STATION, TRICHY CITY.

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

3. THE SUPERINTENDENT OF POLICE, TANJORE DISTRICT

4. THE INSEPECTOR OF POLICE ORATHANADU POLICE STATION, TANJORE DISTRICT

5. THE INSEPECTOR OF POLICE LAND GRABBING WING, CHOOLAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT

6. THE SUPERINDENT OF POLICE,VIRUDHUNAGAR

7. THE INSPECTOR OF POLICE VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR

8. THE DISTRICT SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR

9. THE INSEPECTOR OF POLICE SOUTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT

10. THE COMMISSIONER OF POLICE O/O THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI

11. THE INSEPECTOR OF POLICE E3, ANNANAGAR POLICE STATION, MADURAI.

+1cc to M/s.P.R.Prithiviraj, Advocate SR.No.67757 +1cc to M/s.R.Santhanam, Advocate Sr.NO.68118 +1cc to M/s.N.Dilip Kumar, Advocate SR.No.68282 +1cc to M/s.C.Masilamani, Advocate SR.No.67911 +1cc to M/s.T.A.Ebenezer, Advocate SR.No.68297 +1cc to Shri.Gokul, Advocate SR.NO.68257 +1cc to Mr.Subashbabu, Advocate Sr.No.68416 +1cc to Mr.C.K.M.Appaji, Advocate Sr.No.68902 sm:GSV-An:10.12.2015:4P/20C Crl.O.P.(MD)Nos.18494, 21332, 21590, 21921, 22404 and 22488 of 2015 30.11.2015