← Library
Madras High CourtCRL OP(MD)/23588/2015disposed of

D. Augustine v. The Superintendent Of Police

2015-12-14Honourable Mr Justice S. Vaidyanathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)Nos.23588, 23592, 23595, 23597, 23603, 23618, 23620, 23621, 23624 and 23627 of 2015 D. AUGUSTINE PRESIDENT THE KOVILPATTI TAMIL BAPTIST SCHOOLS ASSOCIATION (REGISTERED NO. 17/56) DOOR NO. 27 ETTAYAPURAM ROAD KOVILPATTI THOOTHUKUDI DISTRICT.

... PETITIONER in CRL OP(MD) No.23588 of 2015 ALAGUPILLAI ... PETITIONER in CRL OP(MD) No.23592 of 2015 M.VINOTH @ VINOTHKUMAR ... PETITIONER in CRL OP(MD) No.23595 of 2015 K.PARAMESHWARAN ... PETITIONER in CRL OP(MD) No.23597 of 2015 K.S.PALANICHAMY ... PETITIONER in CRL OP(MD) No.23603 of 2015 S.THANGARAJ ... PETITIONER in CRL OP(MD) No.23618 of 2015 RAJAMANI ... PETITIONER in CRL OP(MD) No.23620 of 2015 MANIAN ... PETITIONER in CRL OP(MD) No.23621 of 2015 S.MADURAIVEERAN ... PETITIONER in CRL OP(MD) No.23624 of 2015 S.SUGUMAR ... PETITIONER in CRL OP(MD) No.23627 of 2015 -VS1 THE SUPERINTENDENT OF POLICE THOOTHUKUDI THOOTHUKUDI DISTRICT.

2 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION KOVILPATTI.

... RESPONDENTS in CRL OP(MD) No.23588 of 2015 1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT MADURAI.

2 THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION ALANGANALLUR MADURAI ... RESPONDENTS in CRL OP(MD) No.23592 of 2015 THE INSPECTOR OF POLICE CRIME BRANCH ARUPPUKKOTTAI TOWN POLICE STATION ARUPPUKKOTTAI VIRUDHUNAGAR DISTRICT ... RESPONDENTS in CRL OP(MD) No.23595 of 2015 THE INSPECTOR OF POLICE KOODALPUDUR POLICE STATION MADURAI ... RESPONDENTS in CRL OP(MD) No.23597 of 2015

1 THE SUPERINTENDENT OF POLICE THENI DISTRICT 2 THE DEPUTY SUPERINTENDENT OF POLICE UTHAMAPALAYAM SUB-DIVISION THENI DISTRICT 3 THE INSPECTOR OF POLICE KUMULI POLICE STATION THENI DISTRICT ... RESPONDENTS in CRL OP(MD) No.23603 of 2015 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT TIRUNELVELI.

2 THE INSPECTOR OF POLICE CHINNAKOVILANKULAM POLICE STATION TIRUNELVELI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.23618 of 2015 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH SIVAGANGAI DISTRICT SIVAGANGAI.

... RESPONDENTS in CRL OP(MD) No.23620 of 2015 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT DINDIGUL.

2 THE INSPECTOR OF POLICE ODDANCHATHIRAM POLICE STATION DINDIGUL DISTRICT. ... RESPONDENTS in CRL OP(MD) No.23621 of 2015 1 THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION MADURAI DISTRICT 2 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT ... RESPONDENTS in CRL OP(MD) No.23624 of 2015 1 THE COMMISSIONER OF POLICE MADURAI CITY MADURAI 2 THE INSPECTOR OF POLICE TALLAKULAM POLICE STATION MADURAI ... RESPONDENTS in CRL OP(MD) No.23627 of 2015 Prayer in CRL OP(MD) No.23588 of 2015:

Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to grant direction, directing the 1st Respondent to instruct the 2nd respondent to register a case in accordance with law based on the complaint dated 17.11.2015 made by the petitioner into investigation and file final report before the concerned Judicial Magistrate Court, within the time limit that may be stipulated by this Honourable Court.

Prayer in CRL OP(MD) No.23592 of 2015:

Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register a case on the petitioners complaint dated 25.11.2015 against the proposed accused persons. Prayer in CRL OP(MD) No.23595 of 2015:

Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondents to register a case based on the complaint give by the petitioner on 23.7.2015.

Prayer in CRL OP(MD) No.23597 of 2015:

Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondent to register a case on the petitioners complaint dated 9.8.2015 against the proposed accused persons. Prayer in CRL OP(MD) No.23603 of 2015:

Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the Inspector of Police, Kumili Police Station, Theni District to register the petitioners complaint dated 9.11.2015 as an FIR. Prayer in CRL OP(MD) No.23618 of 2015:

Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 2nd Respondent police to register the FIR on the basis of the Petitioners complaint dated 22.11.2015.

Prayer in CRL OP(MD) No.23620 of 2015:

Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondent to register the complaint dated 23.11.2015 of the Petitioner.

Prayer in CRL OP(MD) No.23621 of 2015:

Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to issue a direction, directing the 2nd Respondent to register a case on the Petitioners complaint dated 31.10.2015 and investigate the case in accordance with law.

Prayer in CRL OP(MD) No.23624 of 2015:

Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to register a case on the complaint of the petitioner dated 27/11/2015 ad further direct him to investigate the matter in accordance with law.

Prayer in CRL OP(MD) No.23627 of 2015:

Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register a criminal case against the proposed accused persons on the basis of the complaint dated 16.11.2015 and pass such further or other orders.

M/S G.THALAIMUTHARASU, Advocate for PETITIONER in CRL OP(MD) No.23588/2015 M/S N.SEKAR, Advocate for PETITIONER in CRL OP(MD) No.23592 of 2015 M/S V.PERUMAL, Advocate for PETITIONER in CRL OP(MD) No.23595 of 2015 M/S N.SEKAR, Advocate for PETITIONER in CRL OP(MD) No.23597 of 2015 M/S R.ANAND, Advocate for PETITIONER in CRL OP(MD) No.23603 of 2015

M/S M.P.SENTHIL, Advocate for PETITIONER in CRL OP(MD) No.23618 of 2015 M/S C.GANESH KUMAR, Advocate for PETITIONER in CRL OP(MD) No.23620 of 2015 M/S T.LENIN KUMAR, Advocate for PETITIONER in CRL OP(MD) No.23621 of 2015 M/S R.SANTHANAM, Advocate for PETITIONER in CRL OP(MD) No.23624 of 2015 M/S M.SANKAR, Advocate for PETITIONER in CRL OP(MD) No.23627 of 2015 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(Per.Admn.) /True copy/ Sub AssistantRegistrar To

1. THE SUPERINTENDENT OF POLICE THOOTHUKUDI, THOOTHUKUDI DISTRICT.

2. THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, KOVILPATTI.

3. THE SUPERINTENDENT OF POLICE MADURAI DISTRICT, MADURAI

4. THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, ALANGANALLUR, MADURAI

5. THE INSPECTOR OF POLICE CRIME BRANCH, ARUPPUKKOTTAI TOWN POLICE STATION, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT

6. THE INSPECTOR OF POLICE, KOODALPUDUR POLICE STATION, MADURAI

7. THE SUPERINTENDENT OF POLICE,THENI DISTRICT

8. THE DEPUTY SUPERINTENDENT OF POLICE, UTHAMAPALAYAM, SUB-DIVISION, THENI DISTRICT

9. THE INSPECTOR OF POLICE, KUMULI POLICE STATION, THENI DISTRICT

10. THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT

11. THE INSPECTOR OF POLICE CHINNAKOVILANKULAM POLICE STATION, TIRUNELVELI DISTRICT

12. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, SIVAGANGAI DISTRICT, SIVAGANGAI

13. THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT, DINDIGUL

14. THE INSPECTOR OF POLICE ODDANCHATHIRAM POLICE STATION, DINDIGUL DISTRICT

15. THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT

16. THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT

17. THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI

18. THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI

19. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1cc to Mr.V.Perumal, Advocate SR.No.71476 +1cc to Mr.R.Anand, Advocate SR.No.71819 +1cc to Mr.M.P.Senthil, Advocate Sr.No.71533 +1cc to Mr.C.Ganeshkumar, Advocate SR.No.71369 +1cc to Mr.T.Leninkumar, Advocate Sr.No.71433 +1cc to Mr.R.Santhanam, Advocate SR.No.71311 +1cc to Mr.M.Sankar, Advocate SR.No.71330 sm:sk-skn:30.12.2015:5p/27C COMMON ORDER MADE IN Crl.O.P(MD)Nos.23588, 23592, 23595, 23597, 23603, 23618, 23620, 23621, 23624 and 23627 of 2015 14.12.2015