Madras High CourtCRL OP(MD)/22956/2015disposed of

S. Vinotha v. The Superintendent Of Police

2015-12-04Honourable Mr Justice S. Vaidyanathan7 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.22956, 22968, 22974, 22978, 22982, 22983, 22984, 22988, 22992 and 22997 of 2015 S. VINOTHA ... PETITIONER in CRL OP(MD) No.22956 of 2015 M. YOGESH ... PETITIONER in CRL OP(MD) No.22968 of 2015 S.MOHAMMED ALI ... PETITIONER in CRL OP(MD) No.22974 of 2015 SARAMMAL ... PETITIONER in CRL OP(MD) No.22978 of 2015 PERIYAKARUPPAN ... PETITIONER in CRL OP(MD) No.22982 of 2015 KANNAN ... PETITIONER in CRL OP(MD) No.22983 of 2015 S. RAMYA ... PETITIONER in CRL OP(MD) No.22984 of 2015 G. LELIN ... PETITIONER in CRL OP(MD) No.22988 of 2015 ANKKAMMAL ... PETITIONER in CRL OP(MD) No.22992 of 2015 P.PONRAJ ... PETITIONER in CRL OP(MD) No.22997 of 2015 -VS- KARUR DISTRICT, KARUR.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARUR DISTRICT, KARUR.

... RESPONDENTS in CRL OP(MD) No.22956 of 2015 DISTRICT POLICE OFFICE, TRICHIRAPPALLI.

2 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TRICHIRAPPALLI.

... RESPONDENTS in CRL OP(MD) No.22968 of 2015 TIRUNELVELI, TIRUNELVELI DISTRICT 2 THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, TIRUNELVELI DISTRICT ... RESPONDENTS in CRL OP(MD) No.22974 of 2015

RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKKARAI, RAMANATHAPURAM DISTRICT ... RESPONDENTS in CRL OP(MD) No.22978 of 2015 MADURAI DISTRICT, MADURAI 2 THE SUB INSPECTOR OF POLICE KOODAKOVIL POLICE STATION, THIRUMANGALAM TALUK, MADURAI DISTRICT ... RESPONDENTS in CRL OP(MD) No.22982 of 2015 The State Rep by.

DINDIGUL DISTRICT, DINDIGUL .

2 THE INSPECTOR OF POLICE, AMMAINAICKANOOR POLICE STATION, NILAKOTTAI TALUK, DINDIGUL DISTRICT.

... RESPONDENTS in CRL OP(MD) No.22983 of 2015 KARUR DISTRICT, KARUR.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARUR DISTRICT, KARUR.

... RESPONDENTS in CRL OP(MD) No.22984 of 2015 NAGERCOIL, KANYAKUMARI DISTRICT.

2 THE SUB INSPECTOR OF POLICE, THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.22988 of 2015 MADURAI DISTRICT, MADURAI.

2 THE INSPECTOR OF POLICE, SOLAVANTHAN POLICE STATION, SOLAVANTHAN.

3 THE SUB INSPECTOR OF POLICE, KADUKPATTI POLICE STATION, KADUPATTI.

... RESPONDENTS in CRL OP(MD) No.22992 of 2015 VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR 2 THE INSPECTOR OF POLICE, ARUPPUKKOTTAI TOWN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT ... RESPONDENTS in CRL OP(MD) No.22997 of 2015 Prayer in CRL OP(MD) No.22956 of 2015:

Petition filed under section 482 of Cr.P.C to direct the 2nd respondent to register the case against the proposed accused on the basis of the petitioner's complaint dated 14.11.2015 and investigate the matter accordance with law.

Prayer in CRL OP(MD) No.22968 of 2015:

Petition filed under section 482 of Cr.P.C to To register the complaint dated 10.10.2015 lodged on behalf of the petitioner and take suitable action against the said Punitha Rosy and her henchmen.

Prayer in CRL OP(MD) No.22974 of 2015:

Petition filed under section 482 of Cr.P.C to to direct the 2nd respondent to register the case on the petitioner's complaint dated 19.11.2014 in accordance with law.

Prayer in CRL OP(MD) No.22978 of 2015:

Petition filed under section 482 of Cr.P.C to to direct the 2nd respondent to register the petitioner's complaint dated 16.10.2015 within the period stipulated by this Hon'ble Court. Prayer in CRL OP(MD) No.22982 of 2015:

Petition filed under section 482 of Cr.P.C to pass an order to direct the 2nd respondent to register the petitioner's complaint dated 20.11.2015 and investigate the same in accordance with law.

Prayer in CRL OP(MD) No.22983 of 2015:

Petition filed under section 482 of Cr.P.C to issue a direction to the 2nd Respondent herein to register the complaint given by the Petitioner dated 14/11/2015 and take necessary action within the time stipulated by this Honourable Court. Prayer in CRL OP(MD) No.22984 of 2015:

Petition filed under section 482 of Cr.P.C to direct the 2nd respondent to register the case against the proposed accused

on the basis of the Petitioner's complaint dated 17.09.2015 and investigate the matter accordance with law.

Prayer in CRL OP(MD) No.22988 of 2015:

Petition filed under section 482 of Cr.P.C to direct the 1st Respondent instruct to the 2nd respondent to register the case on complaint given by the Petitioner dated 10.11.2014. Prayer in CRL OP(MD) No.22992 of 2015:

Petition filed under section 482 of Cr.P.C to direct the 3 rd respondent to register the case on the basis of the complaint given by the Petitioner dated 17.11.2015 and investigate the case in accordance with law.

Prayer in CRL OP(MD) No.22997 of 2015:

Petition filed under section 482 of Cr.P.C to direct the 2nd respondent to register a case based on petitioner's complaint dated 28.9.2015.

For Petitioner:

: M/S R.MATHIYALAGAN in CRL OP(MD) Nos.22956 & 22984/2015 : M/S Y.PRAKASH in CRL OP(MD) No.22968 of 2015 : M/S M.SUBASH BABU in CRL OP(MD) No.22974 of 2015 : M/S M.MOHAMED SHERBUDEEN in CRL OP(MD) No.22978 of 2015 : M/S R.SUNDAR in CRL OP(MD) No.22982 of 2015 : M/S K.MALATHI in CRL OP(MD) No.22983 of 2015 : M/S R.JOSEPH THANKARAJ in CRL OP(MD) No.22988 of 2015 : M/S S.PANEERSELVAM in CRL OP(MD) No.22992 of 2015 : M/S.B.S.MELTIUE in CRL OP(MD) No.22997 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 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(CS-I) /True Copy/ Sub Assistant Registrar

To KARUR DISTRICT, KARUR.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARUR DISTRICT, KARUR.

3 THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, TRICHIRAPPALLI.

4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TRICHIRAPPALLI.

5 THE SUPERINTENDENT OF POLICE, TIRUNELVELI, TIRUNELVELI DISTRICT 6 THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, TIRUNELVELI DISTRICT 7 THE SUPERINTENDENT OF POLICE, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

8 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKKARAI, RAMANATHAPURAM DISTRICT 9 THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT, MADURAI 10 THE SUB INSPECTOR OF POLICE KOODAKOVIL POLICE STATION, THIRUMANGALAM TALUK, MADURAI DISTRICT 11 THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT, DINDIGUL .

12 THE INSPECTOR OF POLICE, AMMAINAICKANOOR POLICE STATION, NILAKOTTAI TALUK, DINDIGUL DISTRICT.

13 THE SUPERINTENDENT OF POLICE, NAGERCOIL, KANYAKUMARI DISTRICT.

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

15 THE INSPECTOR OF POLICE, SOLAVANTHAN POLICE STATION, SOLAVANTHAN.

16 THE SUB INSPECTOR OF POLICE, KADUKPATTI POLICE STATION, KADUPATTI.

17 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR 18 THE INSPECTOR OF POLICE, ARUPPUKKOTTAI TOWN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT 19 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2cc to Mr.R.MATHIYALAGAN, Advocate Sr.No.69440,69441 +1cc to Mr.Y.PRAKASH, Advocate Sr.No.69598 +1cc to Mr.M.MOHAMED SHERBUDEEN,Advocate Sr.No.69519 +1cc to Mr.R.SUNDAR, Advocate Sr.No.69323 +1cc to Mr.K.MALATHI, Advocate Sr.No.69616 +1cc to Mr.R.JOSEPH THANKARAJ, Advocate Sr.No.69902 +1cc to Mr.M.SUBASH BABU,Advocate Sr.No. 69716 MPK AA/AAL-MPA/17.12.2015/7p-28c Crl.O.P.(MD)Nos.22956, 22968, 22974, 22978, 22982, 22983, 22984, 22988, 22992 and 22997 of 2015 04.12.2015