S.A.M.Raajan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2015

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.24661, 19739, 19740, 22232, 23589 of 2015 S.A.M.RAAJAN ... PETITIONER in CRL OP(MD) No.24661 of 2015 S. JISTHY MOHAMED ... PETITIONER in CRL OP(MD) No.19739 of 2015 V. PANDI ... PETITIONER in CRL OP(MD) No.22232 of 2015 ABDUL RAVOF ...PETITIONER IN CRL OP(MD) NO.19740 OF 2015 S.K.RAJALAKSHMI ... PETITIONER in CRL OP(MD) No.23589 of 2015 -VS1 THE COMMISSIONER OF POLICE, MADURAI CITY.

2 THE DEPUTY COMMISSIONER OF POLICE, MADURAI CITY.

3 THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, MADURAI ... RESPONDENTS in CRL OP(MD) No.24661 of 2015 1 THE SUPERINTENDENT OF POLICE, KANYAKUMARI DISTRICT, NAGERCOIL - 629 001.

2 THE INSPECTOR OF POLICE, PUTHUKADAI POLICE STATION, PUDHUKADAI KANYAKUMARI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.19739 of 2015 1 THE SUPERINTENDENT OF POLICE, KANYAKUMARI DISTRICT, NAGERCOIL.

2 THE INSPECTOR OF POLICE, PUTHUKADAI POLICE STATION, PUDHUKADAI KANYAKUMARI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.19740 of 2015 1 THE INSPECTOR OF POLICE, KALLAL POLICE STATION, 2 THE SUPERINTENDENT OF POLICE, SIVAGANGAI,

3 SOLAVALLI W/O. RAMIAH MELAPONGUDI VILLAGE KEEZHAPOONGUDI POST KARAIKUDI TALUK 4 SEEMAN S/O. LATE. VELLAISAMY, KEEZHAPOONGUDI VILLAGE,KARAIKUDI TALUK SIVAGANGAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.22232 of 2015 1 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

2 THE ADDITIONAL SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT.

VIRUDHUNAGAR 3 THE INSPECTOR OF POLICE, SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. ... RESPONDENTS in CRL OP(MD) No.23589 of 2015 Prayer in CRL OP(MD) No.24661 of 2015:

Petition is filed under Section 482 of the cord of Criminal Procedure, to direct the 1st respondent to direct the 3rd respondent to register a criminal case against the accused based on the complaint dated 31.08.2015 preferred by the petitioner and to take action against the accused in accordance with law.

Prayer in CRL OP(MD) No.19739 of 2015:

Petition is filed under Section 482 of the cord of Criminal Procedure, to direct the 2nd respondent to register the case as per the complaint of the petitioner dated 10.07.2015.

Prayer in CRL OP(MD) No.19740 of 2015 Petition is filed under Section 482 of the cord of Criminal Procedure, to direct the 2nd respondent to register the case as per the complainant of the petitioner dated 10.7.2015. Prayer in CRL OP(MD) No.22232 of 2015:

Petition is filed under Section 482 of the cord of Criminal Procedure, to direct the respondents herein to grant adequate protection to the petitioners, life and liberty and property Survey No. 151/8 situated in Keezhapoongudi Village, Sivagangai District.

Prayer in CRL OP(MD) No.23589 of 2015:

Petition is filed under Section 482 of the cord of Criminal Procedure, to direct the respondents to register a case against the proposed accused person on the complaint made by the petitioner to the 3rd respondent dated 28.11.2015.

M/S B.CHANDRAN ... for PETITIONER in CRL OP(MD) No.24661 of 2015 M/S N.MOHAMED ASIF ... for PETITIONER in CRL OP(MD) No.19739 and 19740 of 2015 M/S.AL.KANNAN ... for PETITIONER in CRL OP(MD) No.22232 of 2015 M/S G.THANGARAJ ... for PETITIONER in CRL OP(MD) No.23589 of 2015

For Respondents : MR.A.P.Balasubramani Government Advocate (Crl.Side) in all Crl.OPs.

No Appearance for R3, R4 in Crl.OP 22232 of 2015. 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. The Criminal Original petitions are disposed of accordingly. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.THE COMMISSIONER OF POLICE, MADURAI CITY.

2.THE DEPUTY COMMISSIONER OF POLICE, MADURAI CITY.

3.THE INSPECTOR OF POLICE, ANTI LAND GRABBING CELL, MADURAI.

4 THE SUPERINTENDENT OF POLICE, KANYAKUMARI DISTRICT, NAGERCOIL - 629 001.

5. THE INSPECTOR OF POLICE, PUTHUKADI POLICE STATION, PUTHUKADI, KANYAKUMARI DISTRICT, 6 THE INSPECTOR OF POLICE,KALLAL POLICE STATION, 7 THE SUPERINTENDENT OF POLICE,SIVAGANGAI, 8 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

9 THE ADDITIONAL SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR 10 THE INSPECTOR OF POLICE, SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+2CC TO MR.N.MOHAMED ASIF ADVOCATE SR.NO.76143,76142 +1CC TO MR.G.THANGARAJ ADVOCATE SR.NO.76145 GJM/NGM/SS/21.1.16-4P-15C Crl.O.P.(MD)Nos.24661, 19739, 19740, 22232, 23589 of 2015 DATED : 22.12.2015