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Madras High CourtCRL OP(MD)/24440/2015disposed of

Sulaikal Barveen 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.24440, 24447, 24448, 24449 and 24482 of 2015 SULAIKAL BARVEEN ... PETITIONER in CRL OP(MD) No.24440 of 2015 R.LAKSHMANAN ... PETITIONER in CRL OP(MD) No.24447 of 2015 SANTHOSH ... PETITIONER in CRL OP(MD) No.24448 of 2015 ARUNACHALA THEVAR ... PETITIONER in CRL OP(MD) No.24449 of 2015 MR.M.RAJESH ... PETITIONER in CRL OP(MD) No.24482 of 2015 -VS1 THE SUPERINTENDENT OF POLICE TIRUNELVELI, TIRUNELVELI DISTRICT 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT ... RESPONDENTs in CRL OP(MD) No.24440 of 2015 THE INSPECTOR OF POLICE ANTI LAND GRABBING CELL, NATHAM ROAD, MADURAI ... RESPONDENT in CRL OP(MD) No.24447 of 2015 1 THE STATE REP.

BY THE SUPERINTENDENT OF POLICE NAGERCOIL, KANYAKUMARI DISTRICT 2 THE SUB INSPECTOR OF POLICE KOLLENCODE POLICE STATION, KANYAKUMARI DISTRICT ... RESPONDENTs in CRL OP(MD) No.24448 of 2015 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT, TIRUNELVELI 2 THE DEPUTY SUPERINTENDENT OF POLICE PULIYANKUDI, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, SIVAGIRI TALUK, TIRUNELVELI DISTRICT.

4 T.K.RAMASAMY ARUGANKULAM MAIN ROAD SIVAGIRI TALUK, TIRUNELVELI DISTRICT ... RESPONDENTs in CRL OP(MD) No.24449 of 2015

1 STATE OF TAMIL NADU REP BY THE ASSISTANT COMMISSIONER OF POLICE CRIME BRANCH, TRICHY CITY, SRIRANGAM, TRICHY DISTRICT 2 THE INSPECTOR OF POLICE CRIME BRANCH, TRICHY CITY, SRIRANGAM, TRICHY DISTRICT ... RESPONDENTs in CRL OP(MD) No.24482 of 2015 Prayer in CRL OP(MD) No.24440 of 2015:

Criminal Original Petition filed under section 482 of Cr.P.C. directing the 2nd respondent to register the case on the petitioners complaint dated 14.12.215 in accordance with law.

Prayer in CRL OP(MD) No.24447 of 2015:

Criminal Original Petition filed under section 482 of Cr.P.C. to direct the respndent herein to register a case on the basis of the complaint preferred by the petitioner dated 19.10.2015 Prayer in CRL OP(MD) No.24448 of 2015:

Criminal Original Petition filed under section 482 of Cr.P.C. to direct the 1st respondent instruct to the 2nd respondent to register the case and take action forthwith on complaint given by the petitioner mother dated 4.11.2015 Prayer in CRL OP(MD) No.24449 of 2015:

Criminal Original Petition filed under section 482 of Cr.P.C. to Direct the 3rd respondent to register the case based on the complaint given by the petitioners dated 08.12.2015 Prayer in CRL OP(MD) No.24482 of 2015:

Criminal Original Petition filed under section 482 of Cr.P.C. to direct the respondents to register a case on his complaint dated 24.11.2015 and to investigate the same.

M/S M.SUBASH BABU ... for PETITIONER in CRL OP(MD) No.24440 of 2015 M/S N.MARIAPPAN ... for PETITIONER in CRL OP(MD) No.24447 of 2015 M/S N.S.RAMAKRISHNA DASS ... for PETITIONER in CRL OP(MD) No.24448/2015 M/S K.P.SANKARA KUMARA KURUPARAN ... for PETITIONER in CRL OP(MD) No.24449 of 2015 M/S P.SESUBALAN RAJA ... for PETITIONER in CRL OP(MD) No.24482 of 2015 For Respondents : Mr.A.P.Balasubramani, G.A.(Crl.side) in all 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(RTI) /True copy/ Sub AssistantRegistrar

To

1. THE SUPERINTENDENT OF POLICE, TIRUNELVELI TIRUNELVELI DISTRICT

2. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION AMBASAMUDRAM, TIRUNELVELI DISTRICT

3. THE INSPECTOR OF POLCIE ANTILAND GRABBING CELL, NATHAM ROAD, MADURAI

4. THE SUPERINTENDENT OF POLICE NAGERCOIL KANYAKUMARI DISTRICT

5. THE SUB INSPECTOR OF POLICE KOLLENCODE POLICE STATION, KANYAKUMARI DISTRICT

6. THE DEPUTY SUPERINTENDENT OF POLICE, PULIYANKUDI TIRUNELVELI

7. THE INSEPECTOR OF POLICE SIVAGIRI POLICE STATION, SIVAGIRI, TIRUNELVELI

8. THE ASSISTANT COMMISSIONER OF POLICE, CRIME BRANCH, TRICHY CITY, SRIRANGAM, TRICHY

9. THE INSEPECTOR OF POLICE (CRIME BRANCH) TRICHY CITY, SRIRANGAM, TIRCHY DISTRICT 10.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1cc to Mr.M.Subash Babu, Advocate SR.No.75664 +1cc to Mr.N.Mariappan, Advocate SR.No.15499 +1cc to Mr.N.S.Ramakrishna Dass, Advocate Sr.No.75940 +1cc to Mr.K.P.Sankarkumarakuruparan, Advocate SR.no.75650 +1cc to Mr.P.Sesubalanraja, Advocate SR.No.76205 sm:NGM-SS:04/01/2016:4P/16c Crl.O.P.(MD)Nos.24440, 24447, 24448, 24449 and 24482 of 2015 19.12.2015