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Madras High CourtCRL OP(MD)/21179/2015ordered

Muthu Lakshmi v. The Superintendent Of Police

2015-11-04Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.21179, 18765 and 21000 of 2015 Crl.O.P.(MD)No.21179 of 2015:

Muthulakshmi ... Petitioner Vs.

1.The Superintendent of Police, Ramanathapuram District.

Ramanathapuram.

2.The Inspector of Police (Law and Order), Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register the FIR against the proposed accused persons based on the petitioner's complaint dated 06.10.2015 within the time limit that may be stipulated by this Court and to file a final report after conducting proper investigation.

For Petitioner: Mr.M.S.Jeyakarthik For Respondents : Mr.A.P.Balasubramani, G.A(Crl.Side) Crl.O.P.(MD)No.18765 of 2015:

S.Ramachandran ... Petitioner Vs.

The State rep by.

1.The Superintendent of Police, Tuticorin, Tuticorin District.

2.The Inspector of Police, District Crime Branch, Tuticorin, Tuticorin District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 1st respondent to refer the complaint of the petitioner submitted in person on 10.06.2015 to the 2nd respondent

for enquiry as well as registration of the case as against the land grabbers forthwith.

For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.A.P.Balasubramani, G.A.(Crl.side) Crl.O.P.(MD)No.21000 of 2015:

V.B.Rajendran ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District,Dindigul.

2.The Deputy Superintendent of Police, Dindigul Town, Dindigul District.

3.The Inspector of Police, Dindigul Town Police Station, Dindigul District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 3rd respondent to register a case against the proposed accused person on the complaint made by the petitioner to the 3rd respondent dated 11.05.2015. For Petitioner : Mr.V.Maliyendran For Respondents : Mr.A.P.Balasubramani, G.A.(Crl.side) 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 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. The Criminal Original petitions are disposed of accordingly.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. THE SUPERINTENDENT OF POLICE RAMANATHAPURAM DISTRICT, RAMANATHAPURAM

2. THE INSPECTOR OF POLICE, (LAW&ORDER) PARAMAKUDI TOWN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT

3. THE SUPERINTENDENT OF POLICE TUTICORIN, TUTICORIN DISTRICT

4. THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT, DINDIGUL

5. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TUTICORIN, TUTICORIN DISTRICT

6. THE DEPUTY SUPERINTENDENT OF POLICE, DINDIGUL TOWN, DINDIGUL DISTRICT

7. THE INSPECTOR OF POLICE DINDIGUL TOWN POLICE STATION, DINDIGUL DISTRICT 8 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1cc to Mr.M.S.JEYAKARTHIK, Advocate Sr.No. 64858 +1cc to Mr.S.PALANIVELAYUTHAM,Advocate Sr.No.64948 +1cc to Mr.V.MALAIYENDRAN, Advocate Sr.No.64887 NBJ AA/GSV-PM/AR-I/01.12.2015/3p-12c Crl.O.P.(MD)Nos.21179, 18765 and 21000 of 2015 04.11.2015