Madras High CourtCRL OP(MD)/24785/2015disposed of

A. Selvaraj v. The Superintendent Of Police

2016-01-04Honourable Mr Justice S. Vaidyanathan5 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.24785, 24786, 24787, 24664 23890 and 24177of 2015 A. SELVARAJ ... PETITIONER in CRL OP(MD) No.24785 of 2015 J. LOORTHUSAMY ... PETITIONER in CRL OP(MD) No.24786 of 2015 ALAGU DEVI ... PETITIONER in CRL OP(MD) No.24787 of 2015 K.NAVANEETHAN ... PETITIONER in CRL OP(MD) No.24664 of 2015 S.AMUL ... PETITIONER in CRL OP(MD) No.23890 of 2015 PRABAKARAN ... PETITIONER in CRL OP(MD) No.24177 of 2015 -VSSTATE THROUGH SIVAGANGAI, SIVAGANGAI DISTRICT.

KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.24785 of 2015 1 THE INSPECTOR OF POLICE, CANTONMENT, TRICHY CITY, TRICHY DISTRICT.

2 THE SUB INSPECTOR OF POLICE, CANTONMENT, TRICHY CITY, TRICHY DISTRICT.

... RESPONDENTS in CRL OP(MD) No.24786 of 2015 ALL WOMEN POLICE STATION, ALANGULAM, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, SURANDAI POLICE STATION, ... RESPONDENTS in CRL OP(MD) No.24787 of 2015 DINDIGUL DIST 2 THE DEPUTY SUPERINTENDENT OF POLICE, NILAKOTTAI DINDIGUL DIST 3 THE INSPECTOR OF POLICE, VATHALAGUNDU POLICE STATION, DINDIGUL DIST 4 THE SUB INSPECTOR OF POLICE, LAW AND ORDER, VATHALAGUNDU POLICE STATION, DINDIGUL DIST ... RESPONDENTS in CRL OP(MD) No.24664 of 2015 VIRUDHUAGAR DISTRICT, VIRUDHUNAGAR NORTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT ... RESPONDENTS in CRL OP(MD) No.23890 of 2015 THE INSPECTOR OF POLICE, EAST POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

... RESPONDENTS in CRL OP(MD) No.24177 of 2015 Prayer in CRL OP(MD) No.24785 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent to register the case on the petitioners complaint dated 22.07.2015.

Prayer in CRL OP(MD) No.24786 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. to DIRECT the 1st respondent to register the case on the complaint of the petitioner dated 03.12.2015 within the stipulated time limit.

Prayer in CRL OP(MD) No.24787 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. to pass an order to direct the 2nd Respondent to register

the Petitioners complaint dated 10.12.2015 and investigate the same and pass final report in accordance with law. Prayer in CRL OP(MD) No.24664 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to register the case against the accused persons on the complaint dated on 03.12.2015 under sections 384, 385, 386, 387, 503, 506(1) read with 34 of IPC.

Prayer in CRL OP(MD) No.23890 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent to register a case on the complaint of the petitioner date 24.11.2015. Prayer in CRL OP(MD) No.24177 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police the inspector of police East police station, Kumbakonam Thanjavur District to register the case on the basis of complaint forwarded by the learned J.M.Kumbakonam u/s.156(3) Cr.P.C in Cr.M.P. No.12309 of 2015 dated 28.9.2015.

For Petitioner:

: M/S M.SUBASH BABU in CRL OP(MD) No.24785 of 2015 : M/S.J.K.JEYASALAN in CRL OP(MD) No.24786 of 2015 : M/S.V.SASIKUMAR in CRL OP(MD) No.24787 of 2015 : M/S T.R.JEYAPALAM in CRL OP(MD) No.24664 of 2015 : M/S G.RAMANATHAN in CRL OP(MD) No.23890 of 2015 : M/S S.DEENADHAYALAN in CRL OP(MD) No.24177 of 2015 For Respondents:

: MRS.S.PRABHA Government Advocate(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(CS-II) /True Copy/ Sub Assistant Registrar To SIVAGANGAI, SIVAGANGAI DISTRICT.

KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, CANTONMENT, TRICHY CITY, TRICHY DISTRICT.

4 THE SUB INSPECTOR OF POLICE, CANTONMENT, TRICHY CITY, TRICHY DISTRICT.

5 THE SUPERINTENDENT OF POLICE, 6 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANGULAM, TIRUNELVELI DISTRICT.

7 THE INSPECTOR OF POLICE, SURANDAI POLICE STATION, 8 THE SUPERINTENDENT OF POLICE, DINDIGUL DIST 9 THE DEPUTY SUPERINTENDENT OF POLICE, NILAKOTTAI DINDIGUL DIST 10 THE INSPECTOR OF POLICE, VATHALAGUNDU POLICE STATION, DINDIGUL DIST 11 THE SUB INSPECTOR OF POLICE, LAW AND ORDER, VATHALAGUNDU POLICE STATION, DINDIGUL DIST 12 THE SUPERINTENDENT OF POLICE, VIRUDHUAGAR DISTRICT, VIRUDHUNAGAR 13 THE INSPECTOR OF POLICE, NORTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT 14 THE INSPECTOR OF POLICE, EAST POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

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

+1cc to Mr.V.SASIKUMAR, Advocate Sr.No. 85 +1cc to Mr.A.ARPUTHARAJ,Advocate Sr.No.330 +1cc to Mr.G.RAMANATHAN,Advocate Sr.No.324 +1cc to Mr.S.DEENADHAYALAN,Advocate Sr.No.71 RR AA/NGM-SS/25.01.2016/5p-20c Crl.O.P.(MD)Nos.24785, 24786, 24787, 24664 23890 and 24177of 2015 04.01.2016