← Library
Madras High CourtCRL OP(MD)/24573/2015disposed of

K.Senthilkumar v. The Superintendent Of Police

2016-01-04Honourable Mr Justice S. Vaidyanathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2016

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.24573, 24591, 24576, 24615, 24616 and 24630 of 2015 K.SENTHILKUMAR ... PETITIONER in CRL OP(MD) No.24573 of 2015 M. RAMAIAH ... PETITIONER in CRL OP(MD) No.24591 of 2015 S.KRISHNAN ... PETITIONER in CRL OP(MD) No.24576 of 2015 E.KALA ... PETITIONER in CRL OP(MD) No.24615 of 2015 M.RAJANANDHINI ... PETITIONER in CRL OP(MD) No.24616 of 2015 VENUGOPAL SECRETARY RMANATHAPURAM EAST SARVODAYA SANGH 10/382 RETTAI PILLAIYAR KOVIL STREET PARAMAKUDI RAMNAD DIST ... PETITIONER in CRL OP(MD) No.24630 of 2015 -VS1 THE SUPERINTENDENT OF POLICE THENI DISTRICT THENI 2 THE DEPUTY SUPERINTENDENT OF POLICE UTHAMAPALAYAM THENI DISTRICT 3 THE INSPECTOR OF POLICE RAYAPPANPATTI POLICE STATION THENI DISTRICT ... RESPONDENTs in CRL OP(MD) No.24573 of 2015 1 THE SUPERINTENDENT OF POLICE OFFICER OF THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE SANARPATTI POLICE STATION SANARPATTI DINDIGUL DISTRICT.

... RESPONDENTs in CRL OP(MD) No.24591 of 2015 1 THE SUPERINTENDENT OF POLICE TRICHY TRICHY DISTRICT 2 THE INSPECTOR OF POLICE NAVALPATTU POLICE STATION ANNA NAGAR TRICHY 3 THE SUB INSPECTOR OF POLICE NAVALPATTU POLICE STATION ANNA NAGAR TRICHY ... RESPONDENTs in CRL OP(MD) No.24576 of 2015

1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DIST 2 THE INSPECTOR OF POLICE TOWN POLICE STATION TENKASI TIRUNELVELI DIST ... RESPONDENTs in CRL OP(MD) No.24615 of 2015 1 THE SUPERINTENDENT OF POLICE SIVAGANGAI DIST 2 THE DEPUTY SUPERINTENDENT OF POLICE KARAIKUDI CIRCLE KARAIKUDI ... RESPONDENTs in CRL OP(MD) No.24616 of 2015 1 THE SUPERINTENDENT OF POLICE RAMNAD DIST 2 THE INSPECTOR OF POLICE PARAMAKUDI TALUK POLICE STATION RAMNAD DIST ... RESPONDENTs in CRL OP(MD) No.24630 of 2015 Prayer in CRL OP(MD) No.24573 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 3rd respondent herein to take necessary action to the complaint given by the petitioner dated 20.11.2015 within the time stipulate by this Honourable Court.

Prayer in CRL OP(MD) No.24591 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C., to issue an appropriate direction directing the Respondent Police to register the FIR on the basis of complaint lodged by the Petitioner dated 15.05.2015 and pass such further or other orders as this Honourable Court. Prayer in CRL OP(MD) No.24576 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents 2 & 3 to investigate and register a criminal case on the complaint of the petitioner dated 21.10.2015 within a time frame fixed by this Honourable Court.

Prayer in CRL OP(MD) No.24615 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register a case on the complaint dated 30.10.2015 lodged by the petitioner.

Prayer in CRL OP(MD) No.24616 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to reigster the petitioner complaint dated 02.11.2015 on the file of the 2nd respondent police and to investigate the same in accordance with law.

Prayer in CRL OP(MD) No.24630 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register the case on the basis of the petitioner complaint dated 08.12.2015.

M/S M.GOPINATHAN, ... for PETITIONER in CRL OP(MD) No.24573 of 2015 M/S V.R.VENKATESAN ... for PETITIONER in CRL OP(MD) No.24591 of 2015 M/S B.SARAVANAN ... for PETITIONER in CRL OP(MD) No.24576 of 2015 M/S A.CHANDRAKUMAR ... for PETITIONER in CRL OP(MD) No.24615 of 2015 M/S R.PRABHU RAMACHANDRAN... for PETITIONER in CRL OP(MD) No.24616 of 2015 M/S S.RAMESH KUMAR ... for PETITIONER in CRL OP(MD) No.24630 of 2015 For Respondents : Mrs.S.Prabha, 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(records) /True copy/ Sub AssistantRegistrar To

1. THE SUPERINTENDENT OF POLICE THENI DISTRICT, THENI

2. THE DEPUTY SUPERINTENDENT OF POLICE, UTHAMAPALAYAM, THENI DISTRICT

3. THE INSPECTOR OF POLICE RAYAPPANPATTI POLICE STATION, THENI DISTRICT

4. THE SUPERINTENDENT OF POLICE OFFICER OF THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT

5. THE INSPECTOR OF POLICE SANARPATTI POLICE STATION, SANARPATTI, DINDIGUL DISTRICT

6. THE SUPERINTENDENT OF POLICE, TRICHY, TRICHY DISTRICT

7. THE INSEPECTOR OF POLICE NAVALPATTU POLICE STATION, ANNA NAGAR, TRICHY

8. THE SUB INSPECTOR OF POLICE NAVALPATTU POLICE STATION, ANNA NAGAR, TRICHY

9. THE SUPERINTENDENT OF POLIE, TIRUNELVELI DISTRICT

10. THE INSEPECTOR OF POLICE TOWN POLICE STATION, TENKASI, TIRUNELVELI DISTRICT

11. THE SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT

12. THE DEPUTY SUPERINTENDENT OF POLICE, KARAIKUDI CIRCLE, KARAIKUDI

13. THE SUPERINTENDENT OF POLICE, RAMNAD DISTRICT

14. THE INSPECTOR OF POLICE PARAMAKUDI TALUK POLICE STATION, RAMNAD DISTRICT +1cc to Mr.R.Prabu Ramachandran, Advocate SR.No.18 +1cc to Mr.A.Chandra Kumar, Advocate SR.No.339 +1cc to Mr.B.Saravanan, Advocate SR.No.75 +1cc to Mr.M.Gopinathan, Advocate SR.No.384 sm:SKS-RR:19.01.2016:4p/19C Crl.O.P.(MD)Nos.24573, 24591, 24576, 24615, 24616 and 24630 of 2015 04.01.2016