Madras High CourtCRL OP(MD)/24233/2015disposed of

Arumugam v. The Superintendent Of Police

2015-12-19Honourable Mr Justice S. Vaidyanathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.24233, 24234, 24245, 24261, 24265 and 24269 of 2015 ARUMUGAM ... PETITIONER in CRL OP(MD) No.24233 of 2015 A.IYYAR ... PETITIONER in CRL OP(MD) No.24234 of 2015 M. THAGAMANI ... PETITIONER in CRL OP(MD) No.24245 of 2015 SENTHILKUMAR ... PETITIONER in CRL OP(MD) No.24261 of 2015 C.SELVAMANI ... PETITIONER in CRL OP(MD) No.24265 of 2015 S. MURUGAN ... PETITIONER in CRL OP(MD) No.24269 of 2015 -VS1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT 2 THE INSPECTOR OF POLICE MELA VALAVU POLICE STATION MADURAI DISTRICT ... RESPONDENTS in CRL OP(MD) No.24233 of 2015 1 THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR 2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR 3 THE REVENUE DIVISIONAL OFFICER ARUPPUKOTTAI VIRUDHUNAGAR DISTRICT ... RESPONDENTS in CRL OP(MD) No.24234 of 2015 1 THE SUPERINTENDENT OF POLICE DISTRICT SUPERINTENDENT OF POLICE OFFICE TRICHY.

2 THE INSPECTOR OF POLICE VANIYAMPATTI POLICE STATION MANAPARAI TALUK TRICHY DISTRICT. ... RESPONDENTS in CRL OP(MD) No.24245 of 2015 1 THE INSPECTOR OF POLICE KATTUPUTHUR POLICE STATION TRICHY DISTRICT 2 THE SUPERINTENDENT OF POLICE TRICHY DISTRICT ... RESPONDENTS in CRL OP(MD) No.24261 of 2015 1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT

2 THE INSPECTOR OF POLICE PUDUKADAI POLICE STATION KANYAKUMARI DISTRICT .. RESPONDENTS in CRL OP(MD) No.24265 of 2015 1 THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR.

2 THE DEPUTY SUPERINTENDENT OF POLICE RAJAPALAYAM VIRUDHUNAGAR DISTRICT.

3 THE SUB INSPECTOR OF POLICE KEELARAJAKULARAMAN POLICE STATION VIRUDHUNAGAR DISTRICT. .. RESPONDENTS in CRL OP(MD) No.24269 of 2015 Prayer in CRL OP(MD) No.24233 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 2nd respondent police to register a case on the complaint of the petitioner dated 08.12.2015 Prayer in CRL OP(MD) No.24234 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 2nd respondent to register a case for an alleged offences punishable under sectons 420, 465, 468, 471, 419, 452, 294(b) & 506(I) of IPC on the basis of the petitioner complaint given to the 2nd respondent dated 08.12.2015 Prayer in CRL OP(MD) No.24245 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 4 th respondent, Inspector of Police, Vaiyampatti Police station, Manaparai Taluk, Trichy District to register a case on the basis of complaint of the Petitioner dated 26.08.2015 and 04.12.2015. Prayer in CRL OP(MD) No.24261 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent herein to register a case on the complaint of the petitioner dated 19.10.2015.

Prayer in CRL OP(MD) No.24265 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 2nd Respondent herein to register the complaint of the petitioner dated 15.09.2015 investigate into the case in accordance with law and file final reort within a reasonable time Prayer in CRL OP(MD) No.24269 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Respondent No. 3 to register the FIR based on the complaint of the Petitioner dated 08.12.2015 M/S T.A.EBENEZER ... for PETITIONER in CRL OP(MD) No.24233 of 2015 M/S M.KALAMURUGAPPAN ... for PETITIONER in CRL OP(MD) No.24234 of 2015 M/S G.RAHUL ... for PETITIONER in CRL OP(MD) No.24245 of 2015 M/S S.RAVI ... for PETITIONER in CRL OP(MD) No.24261 of 2015 M/S K.APPADURAI ... for PETITIONER in CRL OP(MD) No.24265 of 2015 M/S G.MARIMUTHU ... for PETITIONER in CRL OP(MD) No.24269 of 2015

Mr.A.P.BALASUBRAMANI ... on behalf of the Respondents (in all Crl.OPs) 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 Government Advocate (Crl.side) appearing for the respondent Police on instruction 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 complaint 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 (AE) /True Copy/ Sub Assistant Registrar RR To, 1 THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT 2 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR

3. THE SUPERINTENDENT OF POLICE, DISTRICT SUPERINTENDENT OF POLICE OFFICE,TRICHY. 4 THE SUPERINTENDENT OF POLICE,TRICHY DISTRICT 5 THE SUPERINTENDENT OF POLICE,KANYAKUMARI DISTRICT

6 THE REVENUE DIVISIONAL OFFICER, ARUPPUKOTTAI VIRUDHUNAGAR DISTRICT 7 THE DEPUTY SUPERINTENDENT OF POLICE,RAJAPALAYAM VIRUDHUNAGAR DISTRICT. 8 THE INSPECTOR OF POLICE, MELA VALAVU POLICE STATION MADURAI DISTRICT 9 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR 10 THE INSPECTOR OF POLICE,VANIYAMPATTI POLICE STATION MANAPARAI TALUK,TRICHY DISTRICT.

11 THE INSPECTOR OF POLICE,KATTUPUTHUR POLICE STATION TRICHY DISTRICT 12 THE INSPECTOR OF POLICE, PUDUKADAI POLICE STATION KANYAKUMARI DISTRICT 13 THE SUB INSPECTOR OF POLICE,KEELARAJAKULARAMAN POLICE STATION VIRUDHUNAGAR DISTRICT.

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

+1CC to Mr.T.A.Ebenezer Advocate Sr.No.75702 +1CC to Mr.Kala Murugappan Advocate Sr.no.15547 +1CC to Mr.G.Rahul Advocate Sr.No.15474 +1CC to S.Ravi Advocate Sr.No.75733 +1CC to Mr.K.Appadurai Advocate Sr.No.15530 GJM/JGB/DP/4.1.2016-4P-20C Crl.O.P.(MD)Nos.24233, 24234, 24245, 24261, 24265 and 24269 of 2015 19.12.2015