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Madras High CourtCRL OP(MD)/21018/2015disposed of

A. Thirunavukarasu v. The Commissioner Of Police

2015-11-23Honourable Mr Justice S. Vaidyanathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.21018,22012, 22016, 22017, 22036, 22058, 22067, 22068, 22101 and 22106 of 2015 A. THIRUNAVUKARASU ..PETITIONER in CRL OP(MD) No.21018 of 2015 CHIDAMBARAM ..PETITIONER in CRL OP(MD) No.22012 of 2015 SANKARAVADIVU ..PETITIONER in CRL OP(MD) No.22016 of 2015 R. SAMUVEL ..PETITIONER in CRL OP(MD) No.22017 of 2015 P. VARATHARAJAN ..PETITIONER in CRL OP(MD) No.22036 of 2015 C.ESWARI ..PETITIONER in CRL OP(MD) No.22058 of 2015 P.PARVADHAM ..PETITIONER in CRL OP(MD) No.22067 of 2015 S.ANGAMMAL ..PETITIONER in CRL OP(MD) No.22068 of 2015 J. MELVIN ..PETITIONER in CRL OP(MD) No.22101 of 2015 ELANGESWARAN ..PETITIONER in CRL OP(MD) No.22106 of 2015 -VS1 THE COMMISSIONER OF POLICE TIRUNELVELI TOWN TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE CITY CRIME BRANCH TIRUNELVELI CITY TIRUNELVELI.

... RESPONDENTS in CRL OP(MD) No.21018 of 2015 1 THE DISTRICT SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE PUDUKKOTTAI TOWN AND DISTRICT.

2 THE INSPECTOR OF POLICE PUDUKKOTTAI TOWN POLICE STATION PUDUKKOTTAI TOWN AND DISTRICT. ... RESPONDENTS in CRL OP(MD) No.22012 of 2015 1 STATE REP.BY THE COMMISSIONER OF POLICE TIRUNELVELI CITY TIRUNELVELI.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION PALAYAMKOTTAI TIRUNELVELI TIRUNELVELI DISTRICT. .. RESPONDENTS in CRL OP(MD) No.22016 of 2015 1 THE SUPERINTENDENT OF POLICE DINDIGUL DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE DINDIGUL TOWN NORTH POLICE STATION DINDIGUL DISTRICT.

... RESPONDENTS in CRL OP(MD) No.22017 of 2015

1 THE SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICER PUDUKOTTAI DISTRICT.

2 THE SUB INSPECTOR OF POLICE PONNAMARAVATHI POLICE STATION PUDUKOTTAI DISTRICT.

3 CHITHIRA 4 C. PARIYASAMY 5 C. SELVARASU 6 RASAMANI ... RESPONDENTS in CRL OP(MD) No.22036 of 2015 THE INSPECTOR OF POLICE THANDIKUDI POLICE STATION DINDIGUL DIST.

... RESPONDENT in CRL OP(MD) No.22058 of 2015 1 THE SUPERINTENDENT OF POLICE SIVAGANGAI DISTRICT SIVAGANGAI 2 THE INSPECTOR OF POLICE NORTH POLICE STATION KARIKUDI SIVAGANGAI DISTRICT ... RESPONDENT in CRL OP(MD) No.22067 of 2015 1 THE STATE REPRESENTED BY THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR 2 THE INSPECTOR OF POLICE DISTRICT CIRME BRANCH VIRUDHUNAGAR DISTRICT ... RESPONDENTS in CRL OP(MD) No.22068 of 2015 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT DINDIGUL.

2 THE INSPECTOR OF POLICE SANARPATTI POLICE STATION DINDIGUL DISTRICT.

... RESPONDENTS in CRL OP(MD) No.22101 of 2015 1 THE SUPERINTENDENT OF POLICE TRICHY DISTRICT TRICHY 2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH TRICHY .. RESPONDENTS in CRL OP(MD) No.22106 of 2015 Prayer in CRL OP(MD) No.21018 of 2015:

Petition filed under section 482 of Cr.P.C. praying this Court to direct the Respondent to register a case and investigate the matter based upon the complaint send by the Petitioner dated 22.10.2015 Prayer in CRL OP(MD) No.22012 of 2015:

Petition filed under section 482 of Cr.P.C. praying this Court to direct the 2 nd Respondent to register a case on the complaint dated 28.09.2015.

Prayer in CRL OP(MD) No.22016 of 2015:

Petition filed under section 482 of Cr.P.C. praying this Court to direct the 2 nd Respondent to register the Petitioners complaint dated 06.11.2015 and investigation the matter in accordance with law. Prayer in CRL OP(MD) No.22017 of 2015:

Petition filed under section 482 of Cr.P.C. praying this Court to issue a direction directing the 2 nd Respondent to register the FIR on the basis of the complaint dated 04.11.2015 and pass such further or other orders as this Honourable Court.

Prayer in CRL OP(MD) No.22036 of 2015:

Petition filed under section 482 of Cr.P.C. praying this Court to direct 2nd respondent herein to register FIR against Respondents No. 3 to 6, based on the petitioners complaint dated 4.11.2015 Prayer in CRL OP(MD) No.22058 of 2015:

Petition filed under section 482 of Cr.P.C. praying this Court to direct the respondent to register a case on the complaint of the petitioner dated 19.06.2015 in accordance with law and pass such further or other orders.

Prayer in CRL OP(MD) No.22067 of 2015:

Petition filed under section 482 of Cr.P.C. praying this Court to direct the respondents 1 and 2 herein to register the case based on the petitioners complaint dated 30.09.2015 Prayer in CRL OP(MD) No.22068 of 2015:

Petition filed under section 482 of Cr.P.C. praying this Court to direct the inspector of police, district crime branch, virudhunagar district, the 2nd respondent herein, to register the petitioners complaint dated 28.10.2015 as an F.I.R. within the stipulated Prayer in CRL OP(MD) No.22101 of 2015:

Petition filed under section 482 of Cr.P.C. praying this Court to direct the Respondent NO.2 to register the case on the Petitioners complaint dated 08.10.2015 and proceed with the same as per law within the time frame fixed by this Honourable Court and pass such further or other orders as this Honourable Court.

Prayer in CRL OP(MD) No.22106 of 2015:

Petition filed under section 482 of Cr.P.C. praying this Court to direct the 2nd respondent police to register the complaint given by the petition dated 06.10.2015 and take necessary action within the time stipulated For Petitioner :

Mr.M.Silanbarasan, Advocate in Crl.OP(MD)No.21018/2015 Mr.C.Nagamuthu, Advocate in Crl.OP(MD) No.22012/2015 Mr.M.Saravan Advocate in Crl.OP(MD) No.22016/2015 Mr.P.Sengutturasan Advocate in Crl.OP(MD) No.22017/2015 Mr.K.R.Singaravadivel Advocate in Crl.OP(MD) No.22036/2015 Mr.J.Lawrance Advocate in Crl.OP(MD) No.22058/2015 Mr.S.Bharathy kannan Advocate in Crl.OP(MD) No.22067/2015 Mr.S.Balaji Advocate in Crl.OP(MD) No.22068/2015

Mr.M.Maran Advocate in Crl.OP(MD) No.22101/2015 Mr.S.Sathyachidambaram Advocate in Crl.OP(MD) No.22106/2015 For Respondent(s) : Mr.A.P.Balasubramani Government Advocate (Crl.Side) For Intervenor : Mr.M.Jegadeeshpandian for in Crl.OP(MD)No.21018/2015 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 CM To, 1 THE COMMISSIONER OF POLICE, TIRUNELVELI TOWN TIRUNELVELI DISTRICT. 2 THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUNELVELI CITY TIRUNELVELI.

3. THE DISTRICT SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE PUDUKKOTTAI TOWN AND DISTRICT.

4. THE INSPECTOR OF POLICE, PUDUKKOTTAI TOWN POLICE STATION PUDUKKOTTAI TOWN AND DISTRICT.

5. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION PALAYAMKOTTAI TIRUNELVELI TIRUNELVELI DISTRICT

6. THE SUPERINTENDENT OF POLICE, DINDIGUL DINDIGUL DISTRICT.

7. THE INSPECTOR OF POLICE, DINDIGUL TOWN NORTH POLICE STATION DINDIGUL DISTRICT.

8. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICER PUDUKOTTAI DISTRICT.

9. THE SUB INSPECTOR OF POLICE, PONNAMARAVATHI POLICE STATION PUDUKOTTAI DISTRICT.

10. THE INSPECTOR OF POLICE, THANDIKUDI POLICE STATION DINDIGUL DIST.

11. THE SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT SIVAGANGAI

12. THE INSPECTOR OF POLICE, NORTH POLICE STATION KARIKUDI SIVAGANGAI DISTRICT

13. THE SUPERINTENDENT OF POLICE.

VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR

14. THE INSPECTOR OF POLICE, DISTRICT CIRME BRANCH VIRUDHUNAGAR DISTRICT

15. THE INSPECTOR OF POLICE, SARAPATTI POLICE STATION DINDIGUL DISTRICT.

16. THE ADDTIIONAL PUBLIC PROSECTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI, +1CC to Mr.M.Silambarasan Advocate Sr.No.66582 +1CC to Mr.M.Jegadeeshpandian Advocate Sr.No.66976 +1CC to Mr.V.Selva Advocate Sr.No.66727 +1CC to Mr.R.J.Karthick Advocate Sr.No.66963 +1CC to Mr.P.Senguttuarasan Advocate Sr.No.67465 +1CC to Mr.J.Lawrance Advocate Sr.No.67197 +1CC to Mr.S.Bharathy Kannan Advocate Sr.No.67175 +1CC to Mr.S.Balaji Advocate Sr.No.67238 +1CC to Mr.M.Maran Advocate Sr.No.66961 +1CC to Mr.S.Sathyachidambaram Advocate Sr.No.66899 GJM/JGB/1.12.2015-5P-26C Crl.O.P.(MD)Nos. 21018,22012, 22016, 22017, 22036, 22058, 22067, 22068, 22101 and 22106 of 2015 23.11.2015