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Madras High CourtCRL OP(MD)/24306/2015disposed of

P.S.Prabha 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.24306, 24310, 24312, 24315, 24317 and 24323 of 2015 P.S.PRABHA ... PETITIONER in CRL OP(MD) No.24306 of 2015 P.KANNABIRAN ... PETITIONER in CRL OP(MD) No.24310 of 2015 PACL LTD. COMPANY (PEARLS GROUP) REP.BY M.RAVICHANDRAN SO.MOOKIAH 249 2ND FLOOR GOODSHED STREET MADURAI ... PETITIONER in CRL OP(MD) No.24312 of 2015 K.MOHAN ... PETITIONER in CRL OP(MD) No.24315 of 2015 MOHAMMED MUSTAFA ... PETITIONER in CRL OP(MD) No.24317 of 2015 M.K.S. SANKARANARAYANAN ... PETITIONER in CRL OP(MD) No.24323 of 2015 -VS1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT NAGERCOIL 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION KUZHITHURAI KANYAKUMARI DISTRICT ... RESPONDENT in CRL OP(MD) No.

24306 of 2015 1 THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT VIRUDHUNAGAR 2 THE DEPUTY SUPERINTENDENT OF POLICE VIRUDHUNAGAR VIRUDHUNAGAR DISTRICT 3 THE INSPECTOR OF POLICE SOOLAKARAI POLICE STATION VIRUDHUNAGAR DISTRICT ... RESPONDENT in CRL OP(MD) No.24310 of 2015 1 THE SUPERINTENDENT OF POLICE SIVAGANGAI DISTRICT 2 THE DEPUTY SUPERINTENDENT OF POLICE DISTRICT CRIME BRANCH SIVAGANGAI, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH SIVAGANGAI DISTRICT ... RESPONDENT in CRL OP(MD) No.24312 of 2015 1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT MADURAI 2 THE INSPECTOR OF POLICE NAGAMALAI PUDUKKOTTAI POLICE STATION NAGAMALAI PUDUKKOTTAI MADURAI ... RESPONDENT in CRL OP(MD) No.

1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT 2 THE INSPECTOR OF POLICE TENKASI POICE STATION TIRUNELVELI DISTRICT ... RESPONDENT in CRL OP(MD) No.24317 of 2015 1 THE COMMISSIONER OF POLICE TIRUNELVELI CITY TIRUNELVELI.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION TIRUNELVELI TOWN.

... RESPONDENT in CRL OP(MD) No.24323 of 2015 Prayer in CRL OP(MD) No.24306 of 2015:

Criminal Original Petition filed under section 482 Cr.P.C., directing the respondents to register the case on the basis of the petitioners complaint dated 04.09.2014 in C.S.R.No.385 of 2014 on the file of the 2nd respondent Prayer in CRL OP(MD) No.24310 of 2015:

Criminal Original Petition filed under section 482 Cr.P.C.,to direct the respondent No.3 to register the FIR based on the complaint dated 07.12.2015 and act in accordance with law.

Prayer in CRL OP(MD) No.24312 of 2015:

Criminal Original Petition filed under section 482 Cr.P.C.,to issue a direction to the 1st and 2nd respondents to instruct the 3rd respondent to register the case on the basis of the complaint lodged by the petitioner dated 01.12.2015 Prayer in CRL OP(MD) No.24315 of 2015:

Criminal Original Petition filed under section 482 Cr.P.C.,to grant direction, directing the 2nd respondent to take the complaint dated 24.11.2015 made by the petitioner into ivestigation and register the same in accordance with law and file the final report before the concerned Judicial magistrate Court, within the time limit that may be stipulated Prayer in CRL OP(MD) No.24317 of 2015:

Criminal Original Petition filed under section 482 Cr.P.C.,To direct the respondents to register a FIR on the complaint of the petitioner dated 5.12.2015 and take action as per law.

Prayer in CRL OP(MD) No.24323 of 2015:

Criminal Original Petition filed under section 482 Cr.P.C.,To direct the 2nd respondent to register a Criminal case against the Proposed accused persons on the basis of the complaint dated 05.12.2015 preferred by the Petitioner in accordance with law.

M/S L.GEORGE PAUL ANTO ... for PETITIONER in CRL OP(MD) No.24306 of 2015 M/S G.MARIMUTHU ... for PETITIONER in CRL OP(MD) No.24310 of 2015

M/S G.THIRUVARUTSELVAN ... for PETITIONER in CRL OP(MD) No.24312 of 2015 M/S G.THALAIMUTHARASU ... for PETITIONER in CRL OP(MD) No.24315 of 2015 M/S D.VENKATESH ... for PETITIONER in CRL OP(MD) No.24317 of 2015 M/S M.SANKAR ... for PETITIONER in CRL OP(MD) No.24323 of 2015 For Respondents : Mr.A.P.Balasubramani, Government Advocate(Crl.side) in all the 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 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(Per.Admn) /True copy/ Sub AssistantRegistrar

1. THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT, NAGERCOIL

2. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KUZHITHURAI, KANYAKUMARI DISTRICT

3. THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR

4. THE DEPUTY SUPERINTENDENT OF POLICE, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT

5. THE INSPECTOR OF POLICE SOOLAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT

6. THE SUPERRINTENDENT OF POLICE SIVAGANGAI DISTRICT

7. THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, SIVAGANGAI, SIVAGANGAI DISTRICT

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

9. THE SUPERINTENDENT OF POLICE MADURAI DISTRICT, MADURAI

10. THE INSPECTOR OF POLICE NAGAMALAIPUDUKKOTTAI POLICE STATION, NAGAMALAIPUDUKKOTTAI, MADURAI

11. THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT

12. THE INSPECTOR OF POLICE TENKASI POLICE STATION, TIRUNELVELI DISTRICT

13. THE COMMISSIONER OF POLICE TIRUNELVELI CITY, TIRUNELVELI

14. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUNELVELI TOWN

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

+1cc to Mr.M.Sankar, Advocate SR.No.76137 +1cc to Mr.D.Venkatesh, Advocate SR.No.15492 +1cc to Mr.G.Thalaimutharasu, Advocate SR.No.75905 +1cc to Mr.L.George Paul Anto, Advocate SR.No.75769 +1cc to Mr.G.Marimuthu, Advocate SR.No.15493 +1cc to Mr.G.Thiruvartselvan, Advocate SR.No.75574 sm:MP-PM:SAR I:31.12.2015:4p/22C Crl.O.P.(MD)Nos.24306, 24310, 24312, 24315, 24317 and 24323 of 2015 19.12.2015