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Madras High CourtCRL OP(MD)/21686/2015disposed of

T.Sivasakthi v. The Superintendent Of Police

2015-11-18Honourable Mr Justice S. Vaidyanathan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.21686, 21694, 21697, 21698, 21702, 21712, 21727, 21728, 21730 and 21373 of 2015 T.SIVASAKTHI ... PETITIONER in CRL OP(MD) No.21686 of 2015 S.PANDI ... PETITIONER in CRL OP(MD) No.21694 of 2015 JEYALAKSHMI ... PETITIONER in CRL OP(MD) No.21697 of 2015 SIVAPERUMAL ... PETITIONER in CRL OP(MD) No.21698 of 2015 C. ALEX SELVA DAVID ... PETITIONER in CRL OP(MD) No.21702 of 2015 V.PREM ANAND ... PETITIONER in CRL OP(MD) No.21712 of 2015 KUMAR ... PETITIONER in CRL OP(MD) No.21727 of 2015 S.GEORGE ... PETITIONER in CRL OP(MD) No.21728 of 2015 K. RAMANATHAN ... PETITIONERS in CRL OP(MD) No.21730 of 2015 K. JEGADEESHWARI ... PETITIONERS in CRL OP(MD) No.21373 of 2015 -VS- TIRUNELVELI DIST..

2 THE INSPECTOR OF POLICE, RADHAPURAM POLICE STATION, RADHAPURAM TIRUNELVELI DIST.

... RESPONDENTS in CRL OP(MD) No.21686 of 2015 1 THE HOME SECRETARY, GOVERNMENT OF TAMILNADU, SECRETARIAT SAINT FORT GEORGE, CHENNAI.

2 THE SUPERINTENDENT OF POLICE, PUDUKKOTTAI DIST..

3 THE INSPECTOR OF POLICE, VIRALIMALAI POLICE STATION, PUDUKKOTTAI DIST. ... RESPONDENTS in CRL OP(MD) No.21694 of 2015

1 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI 2 THE INSPECTOR OF POLICE, MADURAI SOUTH ALL WOMEN POLICE STATION, MADURAI ... RESPONDENTS in CRL OP(MD) No.21697 of 2015 THOOTHUKUDI DIST 2 THE INSPECTOR OF POLICE, OTTAPIDARAM POLICE STATION, THOOTHUKUDI DIST ... RESPONDENTS in CRL OP(MD) No.21698 of 2015 KANYAKUMARI DISTRICT. AT NAGERCOIL 2 THE INSPECTOR OF POLICE, ASARIPALLAM POLICE STATION, KANYAKUMARI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.21702 of 2015 VIRUDHUNAGAR DIST 2 THE DEPUTY SUPERINTENDENT OF POLICE, DSP CAMP OFFICE, RAJAPALAYAM, VIRUDHUNAGAR DIST 3 THE INSPECTOR OF POLICE, NORTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DIST ... RESPONDENTS in CRL OP(MD) No.21712 of 2015 DINDIGUL, DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

... RESPONDENTS in CRL OP(MD) No.21727 of 2015 1 THE INSPECTOR GENERAL OF POLICE,

CENTRAL ZONE TRICHY 2 THE SUPERINTENDENT OF POLICE, TRICHY DIST 3 THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, TRICHY DIST 4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TRICHY DIST ... RESPONDENTS in CRL OP(MD) No.21728 of 2015 1 THE COMMISSIONER OF POLICE, MADURAI DISTRICT.

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

3 THE INSPECTOR OF POLICE, SELLUR POLICE STATION(CRIME), MADURAI CITY, MADURAI ... RESPONDENTS in CRL OP(MD) No.21730 of 2015 MADURAI DISTRICT, MADURAI.

2 THE SUB INSPECTOR OF POLICE, VIKKIRAMANGALAM POLICE STATION, USILAMPATTI TALUK, MADURAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.21373 of 2015 Prayer in CRL OP(MD) No.21686 of 2015:

Petition filed under Section 482 of Cr.P.C praying to direct the 2nd respondent to register the case on the basis of the petitioner complaint dated 27.09.2015.

Prayer in CRL OP(MD) No.21694 of 2015:

Petition filed under Section 482 of Cr.P.C praying to issue a direction or orders or other order directing the 3rd respondent police to register a case against the culprits on the petition of the petitioner dated 12.09.2015.

Prayer in CRL OP(MD) No.21697 of 2015:

Petition filed under Section 482 of Cr.P.C praying to direct the 2nd respondent to register the case based on the complaint given by the petitioner herein dated 29.08.2015 and investigate the same in accordance with law, or pass any other order

or direction to the circumstances of the case Prayer in CRL OP(MD) No.21698 of 2015:

Petition filed under Section 482 of Cr.P.C praying to direct the 1st respondent to instruct the 2nd respondent to register the petitioner complaint dated 20.10.2015 and to investigate the same in accordance with law.

Prayer in CRL OP(MD) No.21702 of 2015:

Petition filed under Section 482 of Cr.P.C praying to pass an direction directing the 2nd respondent to register a case on the complaint of the petitioner dated 09-06-2015 Prayer in CRL OP(MD) No.21712 of 2015:

Petition filed under Section 482 of Cr.P.C praying to direct the respondents to register a case based on the complaint preferred by the petitioner dated 08.10.2015 to the respondents. Prayer in CRL OP(MD) No.21727 of 2015:

Petition filed under Section 482 of Cr.P.C praying to issue a direction to the second respondent herein to register a case against the proposed accused based upon the complaint of the petitioner dated 03.11.2015, investigate the same and to file final report against the proposed accused in accordance with law and thus render justice.

Prayer in CRL OP(MD) No.21728 of 2015:

Petition filed under Section 482 of Cr.P.C praying to direct the 3rd and 4th respondents to register a case on the complaint of the petitioner dated 05.11.2015. Prayer in CRL OP(MD) No.21730 of 2015:

Petition filed under Section 482 of Cr.P.C praying to direct the 3rd Respondent to register a Criminal Complaint based on the Petitioners complaint dated 20.05.2015 and pass such other order and further reliefs that may deemed to be fit and proper in the circumstances of the case Prayer in CRL OP(MD) No.21373 of 2015:

Petition filed under Section 482 of Cr.P.C praying to direct the 2nd respondent to register the FIR, basis on the representation given by the petitioner dated 15.10.2015 and 23.10.2015 and conduct necessary enquiry as per law by fixing suitable time and pass such other orders as this Honourable Court. For Petitioners:

: Mr S.VINAYAK in CRL OP(MD) No.21686 of 2015 : Mr S.RADHAKRISHNAN in CRL OP(MD) No.21694 of 2015

: Mr S.BALAKARTHICK in CRL OP(MD) No.21697 of 2015 : Mr R.MURUGAN in CRL OP(MD) No.21698 of 2015 : Mr S.C.HEROLD SINGH in CRL OP(MD) No.21702 of 2015 : M/s T.KALAISELVI in CRL OP(MD) No.21712 of 2015 : Mr C.SURESH KANNAN in CRL OP(MD) No.21727 of 2015 : Mr A.JOEL PAUL ANTONY in CRL OP(MD) No.21728 of 2015 : Mr S.A.AJMAL KHAN in CRL OP(MD) No.21730 of 2015 : Mr P.PADITHURAI in CRL OP(MD) No.21373 of 2015 For Respondents:

Mr.A.P.Balasubramani Government Advocate(Crl.Side) 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.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar TO TIRUNELVELI DIST..

2 THE INSPECTOR OF POLICE, RADHAPURAM POLICE STATION, RADHAPURAM TIRUNELVELI DIST.

3 THE HOME SECRETARY, GOVERNMENT OF TAMILNADU, SECRETARIAT SAINT FORT GEORGE, CHENNAI.

4 THE SUPERINTENDENT OF POLICE, PUDUKKOTTAI DIST..

5 THE INSPECTOR OF POLICE, VIRALIMALAI POLICE STATION, PUDUKKOTTAI DIST. 6 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI 7 THE INSPECTOR OF POLICE, MADURAI SOUTH ALL WOMEN POLICE STATION, MADURAI 8 THE SUPERINTENDENT OF POLICE, THOOTHUKUDI DIST 9 THE INSPECTOR OF POLICE, OTTAPIDARAM POLICE STATION, THOOTHUKUDI DIST 10 THE SUPERINTENDENT OF POLICE, KANYAKUMARI DISTRICT. AT NAGERCOIL 11 THE INSPECTOR OF POLICE, ASARIPALLAM POLICE STATION, KANYAKUMARI DISTRICT.

12 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DIST 13 THE DEPUTY SUPERINTENDENT OF POLICE, DSP CAMP OFFICE, RAJAPALAYAM, VIRUDHUNAGAR DIST 14 THE INSPECTOR OF POLICE, NORTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DIST 15 THE SUPERINTENDENT OF POLICE, DINDIGUL, DINDIGUL DISTRICT.

16 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

17 THE INSPECTOR GENERAL OF POLICE, CENTRAL ZONE TRICHY 18 THE SUPERINTENDENT OF POLICE, TRICHY DIST 19 THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, TRICHY DIST 20 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TRICHY DIST 21 THE COMMISSIONER OF POLICE, MADURAI DISTRICT.

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

23 THE INSPECTOR OF POLICE, SELLUR POLICE STATION(CRIME), MADURAI CITY, MADURAI 24 THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT, MADURAI.

25 THE SUB INSPECTOR OF POLICE, VIKKIRAMANGALAM POLICE STATION, USILAMPATTI TALUK, MADURAI DISTRICT.

26 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1cc to Mr.S.Radhakrishnan, Advocate Sr.No. 65955

+1cc to Mr.S.Balakarthick,Advocate Sr.No.65965 +1cc to Mr.R.Murugan,Advocate Sr.No.66449 +1cc to Mr.S.C.Herold Singh,Advocate Sr.No.65979 +1cc to Mr.T.Kalaiselvi,Advocate Sr.No.65897 +1cc to Mr.C.Sureshkannan,Advocate Sr.No.66085 +1cc to Mr.A.Joel Paul Antony,Advocate Sr.No.65960 +1CC to Mr.S.Vinayak, Advocate, SR.No. 66962 cm AA/NGM-SS/AR-I/26.11.2015/8p-35c Crl.O.P.(MD)Nos.21686, 21694, 21697, 21698, 21702, 21712, 21727, 21728, 21730 and 21373 of 2015 18.11.2015