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Madras High CourtCRL OP(MD)/23686/2015disposed of

K.Purushothamadoss 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.23686, 23688, 23690, 22880 23101, 23297 and 23335 of 2015 Crl.O.P(MD)No.23686 of 2015:

K.PURUSHOTHAMADOSS ... PETITIONER in CRL OP(MD) No.23686 of 2015 PITCHAIVELAN ... PETITIONER in CRL OP(MD) No.23688 of 2015 KALIMUTHU ... PETITIONER in CRL OP(MD) No.23690 of 2015 S. SELVAMARI ... PETITIONER in CRL OP(MD) No.22880 of 2015 VINOTHKUMAR ... PETITIONER in CRL OP(MD) No.23101 of 2015 S. PREM ANANTH ... PETITIONER in CRL OP(MD) No.23297 of 2015 S.RANI ... PETITIONER in CRL OP(MD) No.23335 of 2015 -VS1. THE STATE REP.BY THE SUPERINTENDENT OF POLICE, THENI DISTRICT, THENI.

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

... RESPONDENTS in CRL OP(MD) No.23686 of 2015

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

2. THE INSPECTOR OF POLICE, SINGAMPUNARI POLICE STATION, SIVAGANGAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.23688 of 2015

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

2. THE INSPECTOR OF POLICE, ILATHUR POLICE STATION, ILATHUR, SENKOTTAI TALUK, TIRUNELVELI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.23690 of 2015

1. THE COMMISSIONER OF POLICE, MADURAI CITY.

2. THE INSPECTOR OF POLICE, SOUTH GATE POLICE STATION, MADURAI. ... RESPONDENTS in CRL OP(MD) No.22880 of 2015

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

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

3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, PUDUKKOTTAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.23101 of 2015

1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT.

2. THE INSPECTOR OF POLICE, USILAMPATTI POLICE STATION, MADURAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.23297 of 2015

1. THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.

2. THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, MADURAI. ... RESPONDENTS in CRL OP(MD) No.23335 of 2015 Prayer in CRL OP(MD) No.23686 of 2015:

Criminal Original Petition No.23686/2015 is filed under Section 482 of Cr.P.C., praying to grant an order of direction, directing the 2nd respondent herein to register a case based on the complaint of the petitioner dated 20.08.2015, which was forwarded by the 1st respondent in C.No.2742/GDP/32718/S.P.Theni 2015 and investigate the same and file final report in accordance with law.

Prayer in CRL OP(MD) No.23688 of 2015:

To direct the 2nd respondent to register the case on the basis of the Petitioners complaint dated 02.12.2015 Prayer in CRL OP(MD) No.23690 of 2015:

To direct the 2nd respondent to register a case based on his complaint dated 20.11.2015 and investigate the case according to law. Prayer in CRL OP(MD) No.22880 of 2015:

To issue a direction, directing the respondents to register the FIR on basis of the complaints of the petitioner dated 16.11.2015. Prayer in CRL OP(MD) No.23101 of 2015:

To direct the 1st respondent to direct the 3rd respondent to register and investigate the case against the accused on the basis of the petitioner s complaint dated 28.09.2015.

Prayer in CRL OP(MD) No.23297 of 2015:

To direct the Respondent No.2 to register the FIR and initiate necessary action in accordance with law on the basis of the complaint given by the Petitioner dated 15.10.2015 within the time stipulated by this Honourable Court.

Prayer in CRL OP(MD) No.23335 of 2015:

To direct the 2nd respondent herein to register a case based on the complaint dated 18.8.2015 preferred by the petitioner and to file a final report within the time that may be fixed by this Honourable Court. FOR Petitioner:

Mr.R.V.Janakiramulu, Advocate in Crl.O.P.23686/2015 Mr.D.RameshKumar, Advocate in Crl.O.P.23688/2015 Mr.P.T.Thiraviam, Advocate in Crl.O.P.23690/2015 Ms.A.Banumathy, Advocate in Crl.O.P.22880/2015 Mr.S.Muthalraj, Advocate in Crl.O.P.23101/2015 Mr.S.Malaikani, Advocate in Crl.O.P.23297/2015 Mr.M.Maharaja, Advocate in Crl.O.P.23335/2015 FOR OFFICIAL RESPONDENTS:

Mr.A.P.Balasubramani, Government Advocate(Crl. Side) in all Crl.O.Ps.

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 (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, The District Crime Branch Theni District, Theni.

3. The Superintendent of Police, Sivagangai District, Sivagangai.

4. The Inspector of Police, Singampunari Police Station, Sivagangai District.

5. The Superintendent of Police, Tirunelveli District, Tirunelveli.

6. The Inspector of Police, Ilathur Police Station, Ilathur, Senkottai Taluk, Tirunelveli District.

7. The Commissioner of Police, Madurai City.

8. The Inspector of Police, South Gate Police Station, Madurai.

9. The Superintendent of Police, Pudukkottai District, Pudukkottai.

10.The Deputy Superintendent of Police, District Crime Branch, Pudukkottai District.

11.The Inspector of Police, District Crime Branch, Pudukkottai District.

12.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

13.The Inspector of Police, Usilampatti Police Station, Madurai District.

14.The Inspector of Police, Central Crime Branch, Madurai.

15.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.V.JANAKIRAMULU, ADVOCATE IN SR NO. 72153 + 1 CC TO MR.M.MAHARAJA, ADVOCATE IN SR NO. 71472 + 1 CC TO MR.Na.PALANIYANDI, ADVOCATE IN SR NO. 71496 + 1 CC TO Ms.A.BANUMATHY, ADVOCATE IN SR NO. 71397 + 1 CC TO MR.P.T.THIRAVIAM, ADVOCATE IN SR NO. 72012 + 1 CC TO MR.D.RAMESHKUMAR, ADVOCATE IN SR NO. 71536 MPK TE/GSV-AN/ : 30/12/2015 : 5P/22C Crl.O.P(MD)Nos.23686, 23688, 23690, 22880 23101, 23297 and 23335 of 2015 14.12.2015