← Library
Madras High CourtCRL OP(MD)/24129/2015disposed of

Arjunan v. The Commissioner Of Police

2015-12-18Honourable Mr Justice S. Vaidyanathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.24129, 24130, 24131, 24134 24135 and 24141 of 2015 ARJUNAN ... PETITIONER in CRL OP(MD) No.24129 of 2015 DR. KINGSHLI P. JEPAKUMAR ... PETITIONER in CRL OP(MD) No.24130 of 2015 S.RAJAGURU ... PETITIONER in CRL OP(MD) No.24131 of 2015 M.MURALIKRISHNAN ... PETITIONER in CRL OP(MD) No.24134 of 2015 T.KANNAN ... PETITIONER in CRL OP(MD) No.24135 of 2015 SULAIMAN NABI ... PETITIONER in CRL OP(MD) No.24141 of 2015 -VS1 THE COMMISSIONER OF POLICE O/O. COMMISSIONER OF POLICE , MADURAI CITY MADURAI-625 001.

2 THE INSPECTOR OF POLICE THIRUNAGAR POLICE STATION , MADURAI CITY MADURAI-625 006.

... RESPONDENTS in CRL OP(MD) No.24129 of 2015 1 THE COMMISSIONER OF POLICE TRICHY CITY , TRICHY.

2 THE INSPECTOR OF POLICE URAIYOOR POLICE STATION, TRICHY-620033.

... RESPONDENTS in CRL OP(MD) No.24130 of 2015 1 THE SUPERINTENDENT OF POLICE PUDUKKOTTAI DISTRICT, PUDUKKOTTAI.

2 THE INSPECTOR OF POLICE TOWN POLICE STATION, PUDUKKOTTAI PUDUKKOTTAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.24131 of 2015 1 THE SUPERINTENDENT OF POLICE THENI DISTRICT , THENI 2 THE SUB INSPECTOR OF POLICE BODINAYAKANUR TOWN POLICE STATION , THENI DISTRICT ... RESPONDENTS in CRL OP(MD) No.24134 of 2015

1 THE COMMISSIONER OF POLICE MADURAI CITY, MADURAI 2 THE INSPECTOR OF POLICE SUBRAMANIAPURAM POLICE STATION, MADURAI CITY , MADURAI.

... RESPONDENTS in CRL OP(MD) No.24135 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.24141 of 2015 Prayer in CRL OP(MD) No.24129 of 2015:

Criminal Original Petition filed under Section 482 of Cr.P.C. directing the 2nd Respondent to register a case based on the Petitioners complaint dated 09.12.2015 and investigate the same in accordance with law and pass such further or other orders as this Honourable Court.

Prayer in CRL OP(MD) No.24130 of 2015:

Criminal Original Petition filed under Section 482 of Cr.P.C. directing the Respondent No.2 to register the case on the Petitioners Complaint dated 10.08.2015 and consequently direct the respondent No.2 investigate the same as per law within the time frame fixed by this Honourable Court.

Prayer in CRL OP(MD) No.24131 of 2015:

Criminal Original Petition filed under Section 482 of Cr.P.C. DIRECTING the 2nd respondent police to register the First Information Report based on the complaint given by the petitioner dated 03.11.2014 Prayer in CRL OP(MD) No.24134 of 2015:

Criminal Original Petition filed under Section 482 of Cr.P.C. directing the respondents to register a case on the complaint dated 04.11.2015 & 12.11.2015 given by the petitioner. Prayer in CRL OP(MD) No.24135 of 2015:

Criminal Original Petition filed under Section 482 of Cr.P.C. directing the 2nd respondent to register the petitioners complaint dated 04.11.2015 and to investigate the same in accordance with law.

Prayer in CRL OP(MD) No.24141 of 2015:

Criminal Original Petition filed under Section 482 of Cr.P.C. directing the 2nd respondent to register the complaint dated 21.11.2015 preferred by the petitioner for the offences punishable under Sections 406, 420 of I.P.C and to take action against the accused persons in accordance with . M/S. R.KARUNANIDHI ...Counsel for PETITIONER in CRL OP(MD) No.24129 of 2015 M/S D.BALAMURUGAPANDI ...Counsel for PETITIONER in CRL OP(MD) No.24130 of 2015 M/S K.C.RAMALINGAM ...Counsel for PETITIONER in CRL OP(MD) No.24131 of 2015 M/S S.SAJI BINO ...Counsel for PETITIONER in CRL OP(MD) No.24134 of 2015 M/S V.SANKARANARAYANAN ...Counsel for PETITIONER in CRL OP(MD) No.24135 of 2015 M/S R.GANDHI ...Counsel for PETITIONER in CRL OP(MD) No.24141 of 2015 For Respondents : Mr.A.P.Balasubramani, G.A.

(Crl.side) in all the Petitions 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. Before taking a decision in one way or other by the respondent police, the complainants should be heard.

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 1.THE COMMISSIONER OF POLICE, O/O. COMMISSIONER OF POLICE, MADURAI CITY, MADURAI - 625 001.

2.THE INSPECTOR OF POLICE, THIRUNAGAR POLICE STATION, MADURAI CITY, MADURAI - 625 006 3.THE COMMISSIONER OF POLICE, TRICHY CITY , TRICHY. 4.THE INSPECTOR OF POLICE,URAIYOOR POLICE STATION, TRICHY-620 033. 5.THE SUPERINTENDENT OF POLICE, PUDUKKOTTAI DISTRICT, PUDUKKOTTAI.

6.THE INSPECTOR OF POLICE, TOWN POLICE STATION, PUDUKKOTTAI , PUDUKKOTTAI DISTRICT.

7.THE SUPERINTENDENT OF POLICE, THENI DISTRICT , THENI 8.THE SUB INSPECTOR OF POLICE BODINAYAKANUR TOWN POLICE STATION , THENI DISTRICT 9.THE INSPECTOR OF POLICE, SUBRAMANIAPURAM POLICE STATION, MADURAI CITY , MADURAI.

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

11.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +One cc to Mr.D.Balamurugapandi, Advocate, SR.No.75668 +One cc to Mr.K.C.Ramalingam, Advocate, SR.NO.75649 +One cc to Mr.S.Saji Bino, Advocate, SR.No.75741 +One cc to Mr.R.Gandhi, Advocate, SR.No.75561 MPK RL/16C/SKS/RR/5/1/2016 Crl.O.P.(MD)Nos.24129, 24130, 24131, 24134 24135 and 24141 of 2015 18.12.2015