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Madras High CourtCRL OP(MD)/22657/2014ordered

A.Ganesan v. The Director General Of Police

2015-03-17Honourable Mr Justice C. T. Selvam19 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)Nos.22657 of 2014, 251, 274, 435, 469, 475, 477, 569, 609, 623, 733, 750, 774, 784, 785, 786, 862, 863, 922, 949, 951, 954, 956, 974, 982, 1017, 1020, 1038, 1052, 1060, 1062, 1077 to 1080, 1085, 1095, 1102, 1134, 1162, 1169, 1181, 1182 of 2015 and connected miscellaneous petitions A.GANESAN ... PETITIONER in CRL OP(MD) No.22657 of 2014 A.ANDAL ... PETITIONER in CRL OP(MD) No.251 of 2015 P.VELLAISAMY ... PETITIONER in CRL OP(MD) No.274 of 2015 SELVAM ... PETITIONER in CRL OP(MD) No.435 of 2015 SANTHA RAJENDRAN ... PETITIONER in CRL OP(MD) No.469 of 2015 ISAKKIMUTHU PROPRIETOR J.E.ENGINEERING AND CO THOOTHUKUDI DIST ... PETITIONER in CRL OP(MD) No.475 of 2015 OCHCHU ... PETITIONER in CRL OP(MD) No.477 of 2015 B.SUNDARAMURTHI ... PETITIONER in CRL OP(MD) No.569 of 2015 T.PRAKASHKUMAR ...

PETITIONER in CRL OP(MD) No.609 of 2015 NATARAJAN ... PETITIONER in CRL OP(MD) No.623 of 2015 C. DHAYAPARAN GENERAL MANAGER SURYA ELECTRO COMPONENT PVT. KANYAKUMARI DISTRICT. PETITIONER in CRL OP(MD) No.733 of 2015 SENTHILKUMAR ... PETITIONER in CRL OP(MD) No.750 of 2015 P. NAGARAJ ... PETITIONER in CRL OP(MD) No.774 of 2015 M.RAMAIAH ... PETITIONER in CRL OP(MD) No.784 of 2015 K.JOHN KIRUBHAKARAN ... PETITIONER in CRL OP(MD) No.785 of 2015 S.MARAGATHAM ... PETITIONER in CRL OP(MD) No.786 of 2015 PARAMASIVAM ... PETITIONER in CRL OP(MD) No.862 of 2015 U.JAYAKUMAR ... PETITIONER in CRL OP(MD) No.863 of 2015 KANNAN ... PETITIONER in CRL OP(MD) No.922 of 2015 LILLY ... PETITIONER in CRL OP(MD) No.949 of 2015 R. RAVI ... PETITIONER in CRL OP(MD) No.951 of 2015 G. CHANDRAMURTHY ... PETITIONER in CRL OP(MD) No.954 of 2015 DANAPAUL ...

PETITIONER in CRL OP(MD) No.956 of 2015 SANTHANAM ... PETITIONER in CRL OP(MD) No.974 of 2015 N.VIJAYAMANICKAM ... PETITIONER in CRL OP(MD) No.982 of 2015 SEETHALAKSHMI ... PETITIONER in CRL OP(MD) No.1017 of 2015 V.SETHU ... PETITIONER in CRL OP(MD) No.1020 of 2015 M. SENTHILKUMAR ... PETITIONER in CRL OP(MD) No.1038 of 2015 S.A.KASTHURI ... PETITIONER in CRL OP(MD) No.1052 of 2015 D.SELVI ... PETITIONER in CRL OP(MD) No.1060 of 2015 V.THOMAS ALWA EDITION ... PETITIONER in CRL OP(MD) No.1062 of 2015 SATHIYA ... PETITIONER in CRL OP(MD) No.1077 of 2015 S.SHANMUGASUNDARAM ... PETITIONER in CRL OP(MD) No.1078 of 2015 K.VELLAICHAMY @ DURAI ... PETITIONER in CRL OP(MD) No.

KAYALVIZHI ... PETITIONER in CRL OP(MD) No.1080 of 2015 VASANTH ... PETITIONER in CRL OP(MD) No.1085 of 2015 JAYALAKSHMI ... PETITIONER in CRL OP(MD) No.1095 of 2015 S.CHANDRAN ... PETITIONER in CRL OP(MD) No.1102 of 2015 KANAGARAJ ... PETITIONER in CRL OP(MD) No.1134 of 2015 1 S.MANICKAM 2 MR. KARTHIKAYINI ... PETITIONERS in CRL OP(MD) No.1162 of 2015 GOWSALYA ... PETITIONER in CRL OP(MD) No.1169 of 2015 E.MANOHARAN ... PETITIONER in CRL OP(MD) No.1181 of 2015 C.MARIAPPAN ... PETITIONER in CRL OP(MD) No.1182 of 2015 -VS1 THE DIRECTOR GENERAL OF POLICE, TAMILNADU POLICE DEPARTMENT, MYLAPORE, CHENNAI - 4.

2 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.

3 THE DEPUTY COMMISSIONER OF POLICE, MADURI CITY (L&O) OF POLICE, MADURAI - 625 001.

4 THE INSPECTOR OF POLICE, C5 KARIMEDU POLICE STATION, KARIMEDU, MADURAI - 16. ... RESPONDENTS in CRL OP(MD) No.22657 of 2014 1 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

2 THE DEPUTY SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

3 THE INSPECTOR OF POLICE, VIRUDHUNAGAR RURAL POLICE STATION, ROSAL PATTI, VIRUDHUNAGAR. ... RESPONDENTS in CRL OP(MD) No.251 of 2015 1 THE INSPECTOR OF POLICE, ANTI LAND GRABBING POLICE, PUDUKKOTTAI DISTRICT, PUDUKKOTTAI.

2 THE SUPERINTENDENT OF POLICE, PUDUKKOTTAI DISTRICT, PUDUKKOTTAI. ... RESPONDENTS in CRL OP(MD) No.274 of 2015 1 THE SUPERINTENDENT OF POLICE, THOOTHUKUDI DISTRICT, THOOTHUKUDI.

2 THE INSPECTOR OF POLICE, THERMAL POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.435 of 2015

1 THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT.

2 THE SUB INSPECTOR OF POLICE, KUTRALAM POLICE STATION, KUTRALAM, TENKASI.

... RESPONDENTS in CRL OP(MD) No.469 of 2015 1 THE SUPERINTENDENT OF POLICE, THOOTHUKUDI.

2 THE INSPECTOR OF POLICE, MUTHIAHPURAM POLICE STATION, THOOTHUKUDI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.475 of 2015 1 THE SUPERINTENDENT OF POLICE, MADURAI RURAL, MADURAI DISTRICT.

2 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI RURAL, MADURAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.477 of 2015 1 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

2 THE INSPECTOR OF POLICE, CRIME BRANCH, ARUPPUKKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. ... RESPONDENTS in CRL OP(MD) No.569 of 2015 1 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT.

2 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT. ... RESPONDENTS in CRL OP(MD) No.609 of 2015 1 THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT, DINDIGUL.

2 THE INSPECTOR OF POLICE, ODDANCHATRAM POLICE STATION, DINDIGUL DISTRICT. ... RESPONDENTS in CRL OP(MD) No.623 of 2015 1 THE SUPERINTENDENT OF POLICE, NAGERCOIL, KANYAKUMARI DISTRICT.

2 THE INSPECTOR OF POLICE, ARALVAIMOZHI POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.733 of 2015 1 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.

2 THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, O/O. THE SUPERINTENDENT OF POLICE, SURVEYOR COLONY, MADURAI... RESPONDENTS in CRL OP(MD) No.750 of 2015

1 THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, DINDIGUL. ... RESPONDENTS in CRL OP(MD) No.774 of 2015 1 THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT, TIRUNELVELI.

2 THE DEPUTY SUPERINTENDENT OF POLICE, PULIYANGUDI, TIRUNELVELI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, PULIYANGUDI POLICE STATION, TIRUNELVELI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.784 of 2015 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION SAMAYANALLUR MADURAI. ... RESPONDENT in CRL OP(MD) No.785 of 2015 1 THE SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT, SIVAGANGAI.

2 THE INSPECTOR OF POLICE, LAND GRABBING CELL, SIVAGANGAI, SIVAGANGAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.786 of 2015 1 THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICER, PUDUKKOTTAI DISTRICT. 2 THE SUB INSPECTOR OF POLICE, PONNAMARAVATHI POLICE STATION, PUDUKKOTTAI DISTRICT.

3 ALAGESAN ... RESPONDENTS in CRL OP(MD) No.862 of 2015 1 THE COMMISSIONER OF POLICE, MADURAI DISTRICT.

2 THE DEPUTY COMMISSIONER OF POLICE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, (LAW AND ORDER) MADURAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.863 of 2015 1 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

2 THE INSPECTOR OF POLICE, TOWN POLICE STATION, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT. .. RESPONDENTS in CRL OP(MD) No.922 of 2015

1 THE SUPERINTENDENT OF POLICE, KANYAKUMARI DISTRICT, NAGERCOIL.

2 THE INSPECTOR OF POLICE, NESAMONY NAGAR POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.949 of 2015 1 THE SUPERINTENDENTOF POLICE, KANYAKUMARI DISTRICT, NAGERCOIL.

2 THE SUB INSPECTOR OF POLICE, THIRUVATTAR POLICE STATION, THIRUVATTAR, KANYAKUMARI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.951 of 2015 1 THE SUPERINTENDENT OF POLICE, THANJAVUR.

2 THE SUB INSPECTOR OF POLICE, ORATHANADU POLICE STATION, ORATHANADU, THANJAVUR DISTRICT. ... RESPONDENTS in CRL OP(MD) No.954 of 2015 1 THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, PUDUKOTTAI.

2 THE INSPECTOR OF POLICE, KARAMPAKUDI POLICE STATION, PUDUKOTTAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.956 of 2015 1 THE SUPERINTENDENT OF POLICE, THENI DISTRICT.

2 THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, THENI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.974 of 2015 1 THE SUPERINTENDENT OF POLICE, TRICHY.

2 THE INSPECTOR OF POLICE, MANACHANALLUR POLICE STATION, TRICHY. ... RESPONDENTS in CRL OP(MD) No.982 of 2015 1 THE SUPERINTENDENT OF POLICE, MADURAI CITY. 2 THE INSPECTOR OF POLICE, THIRUPPARANKUNDRAM POLICE STATION, MADURAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1017 of 2015 1 THE SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT, SIVAGANGAI.

2 THE SUB INSPECTOR OF POLICE, S.V.MANGALAM POLICE STATION, SIVAGANGAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1020 of 2015

1 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

2 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR. ... RESPONDENTS in CRL OP(MD) No.1038 of 2015 1 THE SUPERINTENDENT OF POLICE, THENI DISTRICT.

2 THE DEPUTY SUPERINTENDENT OF POLICE, ANTIPATTI TALUK, THENI DISTRICT.

3 THE INSPECTOR OF POLICE, P.C.PATTI POLICE STATION, ANTIPATTI TALUK, THENI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1052 of 2015 1 THE DISTRICT SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, THANAJVUR TOWN, THANAJVUR DISTRICT.

2 THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1060 of 2015 1 THE SUPERINTENDENT OF POLICE, THENI DISTRICT.

2 THE INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, THENI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1062 of 2015 1 THE SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT.

2 THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARIKUDI POLICE STATION, SIVAGANGAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1077 of 2015 1 THE SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT.

2 THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, SIVAGANGAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1078 of 2015 1 THE SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT.

2 THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, SIVAGANGAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1079 of 2015

1 THE SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT.

2 THE INSPECTOR OF POLICE, KARIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1080 of 2015 1 THE SUPERINTENDENT OF POLICE, THENI DISTRICT, THENI.

2 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THENI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1085 of 2015 1 THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT, MADURAI 2 THE INSPECTOR OF POLICE, PALAMEDU POLICE STATION, PALAMEDU, MADURAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1095 of 2015 1 THE ASSISTANT COMMISSIONER, LAW AND ORDER, MADURAI CITY, MADURAI.

2 THE INSPECTOR OF POLICE, DISTRICT CRIME RBANCH, LAND GRABBING CELL, MADURAI CITY, MADURAI.

3 THE SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, LAND GRABBING CELL, MADURAI CITY, MADURAI. ... RESPONDENTS in CRL OP(MD) No.1102 of 2015 1 THE SUPERINTENDENT OF POLICE, KARUR DISTRICT, KARUR.

2 THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, KARUR.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR. ... RESPONDENTS in CRL OP(MD) No.1134 of 2015 1 THE SUPERINTENDENT OF POLICE, TIRUNELVELI, TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI, TIRUNELVELI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1162 of 2015 1 THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, MADURAI. 2 THE INSPECTOR OF POLICE, KUDAL PUDUR POLICE STATION, MADURAI. ... RESPONDENTS in CRL OP(MD) No.1169 of 2015

1 THE SUPERINTENDENT OF POLICE, TRICHY DISTRICT, TRICHY.

2 THE DEPUTY SUPERINTENDENT OF POLICE, MUSIRI TALUK, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, MUSIRI POLICE STATION, MUSIRI, TRICHY DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1181 of 2015 1 THE COMMISSIONER OF POLICE, TRICHY CITY, TRICHY.

2 THE INSPECTOR OF POLICE, THILLAI NAGAR POLICE STATION, TRICHY. ... RESPONDENTS in CRL OP(MD) No.1182 of 2015 Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, Prayer in CRL OP(MD) No.22657 of 2014:

To direct the 2nd respondent to register the case on the basis of the complaint dated 13.07.2012 and the reminder dated 31.12.2013 given by the petitioner Prayer in CRL OP(MD) No.251 of 2015:

To direct the respondents to register a case on petitioners complaint dated 11.12.2014 within the time as fixed by this Honourable Court.

Prayer in CRL OP(MD) No.274 of 2015:

To directing the 2nd respondent to register a case on the basis of the complaint on 11.11.2013.

Prayer in CRL OP(MD) No.435 of 2015:

To direct the 2nd Respondent herein to register an FIR on the basis of the petitioners complaint dated 12/11/2014 which had been forwarded by the 1st Respondent herein to the 2nd respondent. Prayer in CRL OP(MD) No.469 of 2015:

To direct the 2nd respondent to register a case under Section 120 (b), 464, 468, 469, 420, 164, 409, 406, 294(b) 506(i) of IPC on the basis of the complaint dated 20.12.2014 given by the petitioner. Prayer in CRL OP(MD) No.475 of 2015:

To issue a direction to the 2nd respondent to register FIR on the basis of the complaint dated 02.06.2014.

Prayer in CRL OP(MD) No.477 of 2015:

To direct the 2nd respondent to register a case against the accused based on the completing lodged by the petitioner dated 03.02.2014 to the 1st respondent.

Prayer in CRL OP(MD) No.569 of 2015:

To direct the 2nd respondent to register the case as per the complaint of the petitioner dated 13.12.2014. Prayer in CRL OP(MD) No.609 of 2015:

To direct the 2nd respondent to register a case for an alleged offences punishable under section 420 of IPC on the basis of the petitioner's complaint sent to the 2nd respondent dated 07.01.2015. Prayer in CRL OP(MD) No.623 of 2015:

To direct the 2nd respondent to register the complaint dated 08.12.2014 preferred by the petitioner for the offences punishable offences under section 406, 420 and 506(ii) IPC and to take action against the accused persons in accordance with law Prayer in CRL OP(MD) No.733 of 2015:

To direct the respondents to register the petitioners complaint dated 14/11/2014, within the time fixed by this Hon'ble Court. Prayer in CRL OP(MD) No.750 of 2015:

To direct the 2nd respondent to register the first information report based on the petitioners complaint dated 28/11/2014 and proceed the case in accordance with law.

Prayer in CRL OP(MD) No.774 of 2015:

To direct the 2nd respondent, to register the case on the complaint of the petitioner dated 15/12/2014.

Prayer in CRL OP(MD) No.784 of 2015:

To direct the 2nd respondent to investigate the case on basis of the petitioners complaint dated 10.10.2014 and further direct the 3rd respondent to register a case based on the complaint dated 10.10.2014 as well as based on the out come of investigation by the 2nd respondent. Prayer in CRL OP(MD) No.785 of 2015:

To direct the respondent to register a case based upon complaint made by the petitioner dated 14.11.2014.

Prayer in CRL OP(MD) No.786 of 2015:

To direct the 2nd respondent to register FIR based on the petitioners complaint dated 29.12.2014.

Prayer in CRL OP(MD) No.862 of 2015:

To direct the 2nd respondent herein to register FIR against respondent No.3 based on the petitioner complaint dated 12.01.2015. Prayer in CRL OP(MD) No.863 of 2015:

To register a case on the complaint of the petitioner dated 03.01.2015 consequently directing the 3rd respondent to investigate to file a final report within a stipulated time as fixed by this Honourable Court.

Prayer in CRL OP(MD) No.922 of 2015:

To direct the 2nd respondent to register a case for an alleged offence punishable u/s 420 of IPC on the basis of the petitioner complaint given to the 2nd respondent dated 09.01.2015.

Prayer in CRL OP(MD) No.949 of 2015:

To direct the 2nd respondent to register the case on the basis of the complaint submitted by the petitioner dated 18.12.2014. Prayer in CRL OP(MD) No.951 of 2015:

To issue an order or direction, directing the respondents to register a case on the basis of the petitioners complaint dated 21.09.2014 and investigate the case under the direct supervision of the 1st respondent and file a final report within a period stipulated by this Hon'ble Court Prayer in CRL OP(MD) No.954 of 2015:

To pass an order directing the 2nd respondent to register the complaint dated 01.12.2014 preferred by the petitioner to the 2nd respondent and investigate the matter in accordance with law Prayer in CRL OP(MD) No.956 of 2015:

To directing the respondent no.2 to register FIR on the basis of the complaint submitted by the petitioner on 02.12.2014, and take necessary action in accordance with law within the time stipulated by this Honble Court Prayer in CRL OP(MD) No.974 of 2015:

To direct the 1st respondent to instruct the 2nd respondent to register the case based on the complaint given by the petitioner on 31.10.2014 and investigate the same and file a final report within the period specified by this Honourable Court.

Prayer in CRL OP(MD) No.982 of 2015:

To direct the 2nd respondent the Inspector of police, Manachanallur, Police Station, Trichy to register a case on the complaint preferred by the petitioner dt. 12.12.2014.

Prayer in CRL OP(MD) No.1017 of 2015:

To directing the 2nd respondent herein to register the complaint given by the petitioner on 3.12.2014 and conduct necessary enquiry. Prayer in CRL OP(MD) No.1020 of 2015:

To direct the 2nd respondent to register the case upon the petitioners complaint dated 12.12.2014 and investigate the same within a time frame fixed by this Honourable Court.

Prayer in CRL OP(MD) No.1038 of 2015:

To direct the 2nd respondent to register the petitioners complaint dated 11/01/2015, within the period stipulated by the Hon'ble Court. Prayer in CRL OP(MD) No.1052 of 2015:

To direct the 3rd respondent police to register the case based upon the complaint of the petitioner dated 12.12.2014 pending before the 2nd respondent.

Prayer in CRL OP(MD) No.1060 of 2015:

To direct the 2nd respondent police station to register a case on the complaint dated 18.12.2014 and to conduct investigation in accordance with law and lay the final report before the court concerned forthwith.

Prayer in CRL OP(MD) No.1062 of 2015:

To direct the 1st respondent to instruct the 2nd respondent to register a case based on the complaint dated on 07.01.2015. Prayer in CRL OP(MD) No.1077 of 2015:

To direct the 1st respondent to instruct the 2nd respondent to register a case based on the complaint preferred by the petitioner dated 19.11.2014.

Prayer in CRL OP(MD) No.1078 of 2015:

To direct the 1st respondent to instruct the 2nd respondent to register a case based on the complaint preferred by the petitioner dated 01.12.2014.

Prayer in CRL OP(MD) No.1079 of 2015:

To direct the 1st respondent to instruct the 2nd respondent to register a case based on the complaint preferred by the petitioner dated 01.12.2014.

Prayer in CRL OP(MD) No.1080 of 2015:

To direct the 1st respondent to instruct the 2nd respondent to register a case based on the complaint preferred by the petitioner dated 19.11.2014.

Prayer in CRL OP(MD) No.1085 of 2015:

To pass an order directing the respondents particularly the 2nd respondent to register the complaint of the petitioner dated 12.01.2015 and investigate the same in accordance with law and also file the final report Prayer in CRL OP(MD) No.1095 of 2015:

To direct the 2nd respondent to register the petitioners representation dated 25.12.2014 which discloses congnizable offences punishable under sections 147, 148, 448, 323 and 506(ii) of Indian Penal Code Prayer in CRL OP(MD) No.1102 of 2015:

To direct the 3rd respondent to register the case as pet the complaint of the petitioner dated 04.12.2014. Prayer in CRL OP(MD) No.1134 of 2015:

To direct the 3rd respondent to register the case on the basis of the petitioners representation dated 13/01/2015. Prayer in CRL OP(MD) No.1162 of 2015:

To direct the 2nd respondent herein to register the case as against the proposed accused person on the basis of the complaint given by the petitioners dated 09.01.2015 and take necessary action within time stipulated by this Honourable Court.

Prayer in CRL OP(MD) No.1169 of 2015:

To direct the respondent No.2 to register FIR on the basis of the petitioners complaint dated 04.01.2014 and initiate necessary action in accordance with law within the time stipulated by this Honourable Court.

Prayer in CRL OP(MD) No.1181 of 2015:

To issue direction to the 3rd respondent to register the case based upon the complaint made by the petitioner on 10.01.2015. Prayer in CRL OP(MD) No.1182 of 2015:

To direct the 2nd respondent to register the case on the petitioners complaint dated 15.12.2014 and proceed with the same as per law, within the time frame fixed by this Hon'ble Court.

FOR PETITIONER :

CRL.OP(MD)NO.22657/2014 :

MR.K.SUDALAIYANDI CRL.OP(MD)NO.251/2015 :

MR.P.NATARAJAN CRL.OP(MD)NO.274/2015 :

MR.M.VIVEKANANDAN CRL.OP(MD)NO.435/2015 :

MR.A.THIRUVADIKUMAR CRL.OP(MD)NOS.469,784/2015:

MR.T.INDIRACHITHU CRL.OP(MD)NO.475/2015 :

MR.SO.PARAMASIVAM CRL.OP(MD)NO.477/2015 :

MR.K.SAMIDURAI CRL.OP(MD)NO.569/2015 :

MR.S.J.CHAKKARAVARTHI, FOR M/S.EDDY & EMBOSS LAW FIRM CRL.OP(MD)NOS.609, 922/2015 : MR.R.MURUGAPPAN CRL.OP(MD)NO.623/2015 :

MR.R.GANDHI CRL.OP(MD)NO.733/2015 :

MR.R.MANIMARAN CRL.OP(MD)NO.750/2015 :

MR.S.SARAVANAKUMAR CRL.OP(MD)NO.774/2015 :

MR.A.BENITTO CRL.OP(MD)NOS.785, 1181/15:

MR.K.K.KANNAN CRL.OP(MD)NO.786/2015 :

MR.C.VAKEESWARAN CRL.OP(MD)NO.862/2015 :

MR.K.R.SINGARAVADIVEL CRL.OP(MD)NO.863/2015 :

MR.V.ELANCHEZIAN CRL.OP(MD)NO.949/2015 :

MR.K.SUNDARAVADIVEL CRL.OP(MD)NO.951/2015 :

MR.ANANTH C.RAJESH CRL.OP(MD)NO.954/2015 :

MR.D.GNANASEKARAN CRL.OP(MD)NO.956/2015 :

MR.R.ALAGUMANI CRL.OP(MD)NO.974/2015 :

MR.A.UTHAYAKUMAR CRL.OP(MD)NO.982/2015 :

MR.R.SIVARAM CRL.OP(MD)NO.1017/2015 :

MR.S.SATHIYA CHIDAMBARAM CRL.OP(MD)NO.1020/2015 :

MR.B.VINOTH KUMAR CRL.OP(MD)NO.1038/2015 :

MR.M.MOHAMED SHERBUDEEN CRL.OP(MD)NO.1052/2015 :

MR.M.SRIDHARAN CRL.OP(MD)NO.1060/2015 :

MR.C.NAGAMUTHU CRL.OP(MD)NO.1062/2015 :

MR.G.KARUPPASAMY PANDIAN CRL.OP(MD)NOS.1077 TO 1080/2015 :

MR.V.SANTHAKUMARESAN CRL.OP(MD)NO.1085/2015 :

MR.B.JEYAKUMAR CRL.OP(MD)NO.1095/2015 :

MR.R.SRINIVASAN CRL.OP(MD)NO.1102/2015 :

MR.R.VIJAYAKUMAR CRL.OP(MD)NO.1134/2015 :

MR.S.DEENADHAYALAN CRL.OP(MD)NO.1162/2015 :

MR.C.D.JOHNSON CRL.OP(MD)NO.1169/2015 :

MR.R.ALAGUMANI CRL.OP(MD)NO.1182/2015 :

MR.S.KARTHICK FOR RESPONDENT :

MR.K.CHELLAPANDIAN ADDL. ADVOCATE GENERAL ASSISTED BY MR.C.RAMESH, ADDITIONAL PUBLIC PROSECUTOR, IN ALL CRL.OPS

C O M M O N O R D E R For the past two and a half months, this Court has been passing the following orders on petitions seeking registration of complaint: "By way of an interim order, this Court directs respondent police to peruse the complaint preferred by petitioner herein and register a case if the same informs commission of cognizable offence. In particular instances, respondent police may resort to a petition enquiry which again shall not extend beyond a period of one week. This order is made towards effecting and ensuring compliance with the decision of the Apex Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)]. It is expected that respondent police will follow the dictate of the Apex Court in the aforesaid judgment in letter and spirit and not give room for any further action at the hands of this Court. In the event of respondent police not being in receipt of complaint allegedly preferred before them by petitioner, it would always be open for respondent police to inform such position at the next hearing date.

Post after two weeks."

Despite the same, we note that generally, action of the respondents have been more in the breach than in observance.

2. The matter is one of grave concern. Despite the decision of the Apex Court in Lalita Kumari vs. Govt. of U.P.& Others (2013 (4) Crimes 243 (SC)) and despite the repeated direction of this Court requiring action of respondent police, the respondent police ever so often, are found to conduct themselves with gay abandon.

3. This Court, therefore, directs the respondents to strictly follow the mandate in Lalita Kumari vs. Govt. of U.P.& Others (2013 (4) Crimes 243 (SC)) and register cases without fail, where reading of the complaint informs congnizable offences. Their failure to do so would be actionable in contempt at the hands of the respective petitioners. Respondent Police may also note that if their resorting to conduct of petition enquiry, is seen as a ruse to avoid the registration of a case, the same would be actionable in contempt. We would also add a word in caution that the decision of the Apex Court in Arnesh Kumar vs. State of Bihar and Another reported in (2014) 3 MLJ (Crl) (SC) scrupulously is to be followed. Such decision in paragraph Nos.9, 14 and 15, inform thus: "9.

From a plain reading of the aforesaid provision, it is evident that a person accused of offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by the police officer only on its satisfaction that such person had committed the offence punishable as aforesaid.

inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the Court or the police officer; or unless such accused person is arrested, his presence in the court whenever required cannot be ensured. These are the conclusions, which one may reach based on facts. Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. Law further requires the police officers to record the reasons in writing for not making the arrest. In pith and core, the police office before arrest must put a question to himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve?

It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised. In fine, before arrest first the police officers should have reason to believe on the basis of information and material that the accused has committed the offence. Apart from this, the police officer has to be satisfied further that the arrest is necessary for one or the more purposes envisaged by sub-clauses (a) to (e) of clause (1) of Section 41 of Cr.P.C.

14.Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorize detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:

(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b) (ii);

(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

(4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;

(5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;

(6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

(7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.

(8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

15.We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.

4.These petitions are ordered as above. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1 THE DIRECTOR GENERAL OF POLICE, TAMILNADU POLICE DEPARTMENT, MYLAPORE, CHENNAI - 4. 2 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI. 3 THE DEPUTY COMMISSIONER OF POLICE, MADURI CITY (L&O) OF POLICE, MADURAI - 625 001. 4 THE INSPECTOR OF POLICE, C5 KARIMEDU POLICE STATION, KARIMEDU, MADURAI - 16.

5 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

6 THE DEPUTY SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

7 THE INSPECTOR OF POLICE, VIRUDHUNAGAR RURAL POLICE STATION, ROSAL PATTI, VIRUDHUNAGAR.

8 THE INSPECTOR OF POLICE, ANTI LAND GRABBING POLICE, PUDUKKOTTAI DISTRICT, PUDUKKOTTAI.

9 THE SUPERINTENDENT OF POLICE, PUDUKKOTTAI DISTRICT, PUDUKKOTTAI. 10 THE SUPERINTENDENT OF POLICE, THOOTHUKUDI DISTRICT, THOOTHUKUDI. 11 THE INSPECTOR OF POLICE, THERMAL POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

12 THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT. 13 THE SUB INSPECTOR OF POLICE, KUTRALAM POLICE STATION, KUTRALAM, TENKASI, TIRUNELVELI DISTRICT. 14 THE INSPECTOR OF POLICE, MUTHIAHPURAM POLICE STATION, THOOTHUKUDI DISTRICT. 15 THE SUPERINTENDENT OF POLICE, MADURAI RURAL, MADURAI DISTRICT. 16 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI RURAL, MADURAI DISTRICT. 17 THE INSPECTOR OF POLICE, CRIME BRANCH, ARUPPUKKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. 18 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT. 19 THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT, DINDIGUL. 20 THE INSPECTOR OF POLICE, ODDANCHATRAM POLICE STATION, DINDIGUL DISTRICT. 21 THE SUPERINTENDENT OF POLICE, NAGERCOIL, KANYAKUMARI DISTRICT. 22 THE INSPECTOR OF POLICE, ARALVAIMOZHI POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

23 THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, O/O. THE SUPERINTENDENT OF POLICE, SURVEYOR COLONY, MADURAI.

24 THE SUB-INSPECTOR OF POLICE, DINDIGUL DISTRICT. 25 THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, DINDIGUL.

THE DEPUTY SUPERINTENDENT OF POLICE, PULIYANGUDI, TIRUNELVELI DISTRICT.

27 THE SUB INSPECTOR OF POLICE, PULIYANGUDI POLICE STATION, TIRUNELVELI DISTRICT.

THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SAMAYANALLUR, MADURAI.

29 THE SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT, SIVAGANGAI. 30 THE INSPECTOR OF POLICE, LAND GRABBING CELL, SIVAGANGAI, SIVAGANGAI DISTRICT. 31 THE SUB INSPECTOR OF POLICE, PONNAMARAVATHI POLICE STATION, PUDUKKOTTAI DISTRICT. 32 THE DEPUTY COMMISSIONER OF POLICE, MADURAI DISTRICT. 33 THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, (LAW AND ORDER) MADURAI DISTRICT. 34 THE INSPECTOR OF POLICE, TOWN POLICE STATION, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT. 35 THE INSPECTOR OF POLICE, NESAMONY NAGAR POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

36 THE SUB INSPECTOR OF POLICE, THIRUVATTAR POLICE STATION, THIRUVATTAR, KANYAKUMARI DISTRICT.

37 THE SUPERINTENDENT OF POLICE, THANJAVUR. 38 THE SUB INSPECTOR OF POLICE, ORATHANADU POLICE STATION, ORATHANADU, THANJAVUR DISTRICT.

39 THE INSPECTOR OF POLICE, KARAMPAKUDI POLICE STATION, PUDUKOTTAI DISTRICT. 40 THE SUPERINTENDENT OF POLICE, THENI DISTRICT. 41 THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, THENI DISTRICT.

42 THE SUPERINTENDENT OF POLICE, TRICHY.

43 THE INSPECTOR OF POLICE, MANACHANALLUR POLICE STATION, TRICHY.

44 THE INSPECTOR OF POLICE, THIRUPPARANKUNDRAM POLICE STATION, MADURAI DISTRICT. 45 THE SUB INSPECTOR OF POLICE, S.V.MANGALAM POLICE STATION, SIVAGANGAI DISTRICT.

46 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

47 THE DEPUTY SUPERINTENDENT OF POLICE, ANTIPATTI TALUK, THENI DISTRICT.

48 THE INSPECTOR OF POLICE, P.C.PATTI POLICE STATION, ANTIPATTI TALUK, THENI DISTRICT.

49 THE DISTRICT SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, THANAJVUR DISTRICT.

50 THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT. 51 THE INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, THENI DISTRICT.

52 THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARIKUDI POLICE STATION, SIVAGANGAI DISTRICT. 53 THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, SIVAGANGAI DISTRICT. 54 THE INSPECTOR OF POLICE, KARIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT. 55 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THENI DISTRICT.

56 THE INSPECTOR OF POLICE, PALAMEDU POLICE STATION, PALAMEDU, MADURAI DISTRICT. 57 THE ASSISTANT COMMISSIONER, LAW AND ORDER, MADURAI CITY, MADURAI.

58 THE INSPECTOR OF POLICE, DISTRICT CRIME RBANCH, LAND GRABBING CELL, MADURAI CITY, MADURAI.

59 THE SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, LAND GRABBING CELL, MADURAI CITY, MADURAI.

60 THE SUPERINTENDENT OF POLICE, KARUR DISTRICT, KARUR. 61 THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, KARUR.

62 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR. 63 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI, TIRUNELVELI DISTRICT.

64 THE INSPECTOR OF POLICE, KUDAL PUDUR POLICE STATION, MADURAI.

65 THE DEPUTY SUPERINTENDENT OF POLICE, MUSIRI TALUK, TRICHY DISTRICT.

66 THE INSPECTOR OF POLICE, MUSIRI POLICE STATION, MUSIRI, TRICHY DISTRICT. 67 THE COMMISSIONER OF POLICE, TRICHY CITY, TRICHY. 68 THE INSPECTOR OF POLICE, THILLAI NAGAR POLICE STATION, TRICHY.

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

+1CC TO MR.P.NATARAJAN, ADVOCATE IN SR : 12897 +1CC TO MR.A.THIRUVADIKUMAR, ADVOCATE IN SR : 13429 +1CC TO MR.SO.PARAMASIVAM, ADVOCATE IN SR : 13085 +1CC TO MR.C.VAKEESWARAN, ADVOCATE IN SR : 12963 +1CC TO MR.V.ILANCHEZIAN, ADVOCATE IN SR : 13138 +1CC TO MR.M.KARTHIKEYA VENKITACHALAPATHY, ADVOCATE IN SR : 12793 +1CC TO MR.D.GNANASEKARAN, ADVOCATE IN SR : 12883 +1CC TO MR.B.JEYAKUMAR, ADVOCATE IN SR : 13495 +1CC TO MR.S.DEENADHAYALAN, ADVOCATE IN SR : 12840 +1CC TO MR.C.D.JOHNSON, ADVOCATE IN SR : 13073 Am SR : 23.04.2015 : 19p/80c Crl.O.P.(MD)Nos.22657 of 2014, 251, 274, 435, 469, 475, 477, 569, 609, 623, 733, 750, 774, 784, 785, 786, 862, 863, 922, 949, 951, 954, 956, 974, 982, 1017, 1020, 1038, 1052, 1060, 1062, 1077 to 1080, 1085, 1095, 1102, 1134, 1162, 1169, 1181, and connected miscellaneous petitions 17.03.2015