Madras High CourtCRL OP(MD)/21714/2015disposed of

J. Sabhananthan v. The Superintendent Of Police

2015-12-04Honourable Mr Justice S. Vaidyanathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)Nos.21714, 22064, 22230, 22695 and 22756 of 2015 Crl.O.P(MD)No.21714 of 2015:

J.SABHANANTHAN : PETITIONER VS.

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

2.THE INSPECTOR OF POLICE, SOUTH POLICE STATION, TUTICORIN TOWN.

: RESPONDENTS Crl.O.P(MD)No. 22064/ 2015 S.R.GURUNATHAPRABHU : PETITIONER - Vs. - 1 THE COMMISSIONER OF POLICE TRICHY CITY, TRICHY 2 THE ASSISTANT COMMISSIONER OF POLICE, CRIME, TRICHY CITY 3 THE INSPECTOR OF POLICE,(CRIME) CANTONMENT POLICE STATION, TRICHY CITY :RESPONDENTS Crl.O.P(MD)No. 22230/ 2015 MARUTHAYEE :PETITIONER - Vs. - 1 THE SUPERINTENDENT OF POLICE KARUR.

2 THE INSPECTOR OF POLICE POLICE STATION, KULITHALAI TALUK, KARUR DISTRICT.

:RESPONDENTS

Crl.O.P(MD)No. 22695/ 2015 MUTHUSAMY : PETITIONER - Vs. - 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT, TIRUNELVELI 2 THE INSPECTOR OF POLICE THISAIYANVILAI POLICE STATION, TIRUNELVELI, TIRUNELVELI DISTRICT :RESPONDENTS Crl.O.P(MD)No. 22756/ 2015 G. AYYATHURAI :PETITIONER - Vs. - 1 THE SUPERINTENDENT OF POLICE THENI DISTRICT,THENI.

2 THE INSPECTOR OF POLICE CHINNAMANUR POLICE STATION, THENI DISTRICT.

:RESPONDENTS Prayers:

Prayer in CRL OP(MD). 21714/2015 :

Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register the FIR on the basis of the petitioner's complaint dated 28.10.2015. Prayer in CRL OP(MD). 22064/ 2015 :

Petition is filed under Section 482 of Cr.P.C.,praying to direct the 3rd respondent to register the petitioner's complaint dated 02.11.2015.

Prayer in CRL OP(MD). 22230/ 2015 :

Petition is filed under Section 482 of Cr.P.C.,praying to direct the 2nd respondent to register an F.I.R. on the complaint of the petitioner dated 17.08.2015.

Prayer in CRL OP(MD). 22695/ 2015 :

Petition is filed under Section 482 of Cr.P.C.,praying to direct the respondents to register a case FIR on the complaint given by the petitioner dated 14.11.2015.

Prayer in CRL OP(MD). 22756/ 2015 :

Petition is filed under Section 482 of Cr.P.C.,praying to direct the 2nd respondent herein to register the complaint given by the Petitioner dated 15.08.2015.

For Petitioner in : Mr.C.Amilthan (Crl.O.P.21714/2015)

For Petitioner in (Crl.O.P.22064/2015) :Mr.D.Anbarasu For Petitioner in (Crl.O.P.22230/2015) :Mr.R.M.Sivakumar For Petitioner in (Crl.O.P.22756/2015) :Mr.P.Mahendran For Petitioner in (Crl.O.P.22965/2015) :Mr.R.Suriyanarayanan For Official Respondents : Mr.A.P.Balasubramani, in all Crl.O.Ps.

Government Advocate(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 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(CO) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai

MPK To 1.THE SUPERINTENDENT OF POLICE, TUTICORIN, TUTICORIN DISTRICT.

2.THE INSPECTOR OF POLICE, SOUTH POLICE STATION,TUTICORIN DISTRICT.

3 THE COMMISSIONER OF POLICE,TRICHY CITY, TRICHY. 4 THE ASSISTANT COMMISSIONER OF POLICE,CRIME, TRICHY CITY. 5 THE INSPECTOR OF POLICE,(CRIME) CANTONMENT POLICE STATION, TRICHY CITY.

6 THE SUPERINTENDENT OF POLICE KARUR.

7 THE INSPECTOR OF POLICE POLICE STATION, KULITHALAI TALUK,KARUR DISTRICT.

8 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT, TIRUNELVELI.

9 THE INSPECTOR OF POLICE THISAIYANVILAI POLICE STATION, TIRUNELVELI, TIRUNELVELI DISTRICT.

10 THE SUPERINTENDENT OF POLICE, THENI DISTRICT,THENI. 11 THE INSPECTOR OF POLICE CHINNAMANUR POLICE STATION,THENI DISTRICT.

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

+1 CC TO MR.P.MAHENDRAN,ADVOCATE SR NO.68979 +1 CC TO MR.R.M.SIVAKUMAR,ADVOCATE, SR NO.69450 COMMON ORDER MADE IN Crl.O.P(MD)Nos.21714, 22064, 22230, 22695 and 22756 of 2015 04.12.2015 RG.GSV-AN 30.12.2015 4P:15C