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Madras High CourtCRL OP(MD)/2977/2015ordered

Karuppiah v. The Superintendent Of Police

2015-03-17Honourable Mr Justice C. T. Selvam18 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)Nos.2977, 3122, 3142, 3186, 3190, 3193, 3254, 3289, 3386, 3394, 3413, 3059, 3127, 3150, 3259, 3323, 3349, 3391, 3474, 3475, 647, 1454, 3132, 3541, 3543, 3545, 3589, 3590, 3591, 3595, 578, 3497, 3503, 3518, 3525, 3593, 3610 of 2015 and 20170 of 2014 ( 38 cases) and connected miscellaneous petitions KARUPPIAH ... PETITIONER in CRL OP(MD) No.2977 of 2015 S.SRIDHAR ... PETITIONER in CRL OP(MD) No.3122 of 2015 JOTHIMANI ... PETITIONER in CRL OP(MD) No.3142 of 2015 R.MANUKUMAR ... PETITIONER in CRL OP(MD) No.3186 of 2015 R.MATHIYALAGAN ... PETITIONER in CRL OP(MD) No.3190 of 2015 V.VASANTHA ... PETITIONER in CRL OP(MD) No.3193 of 2015 A.SUTHA ... PETITIONER in CRL OP(MD) No.3254 of 2015 JUSTIN ... PETITIONER in CRL OP(MD) No.3289 of 2015 P.RAJESHWARI ... PETITIONER in CRL OP(MD) No.

3386 of 2015 AL.RAJENDRAN ... PETITIONER in CRL OP(MD) No.3394 of 2015 M.NATARAJAN ... PETITIONER in CRL OP(MD) No.3413 of 2015 RAHAMDULLAH ... PETITIONER in CRL OP(MD) No.3059 of 2015 P.CHELLAMUTHU ... PETITIONER in CRL OP(MD) No.3127 of 2015 MURUGESAN ... PETITIONER in CRL OP(MD) No.3150 of 2015 S.DANIEL GNANADHAS ... PETITIONER in CRL OP(MD) No.3259 of 2015 G.VADIVEL ... PETITIONER in CRL OP(MD) No.3323 of 2015 HAJI T.ABBASH MANTHIRI... PETITIONER in CRL OP(MD) No.3349 of 2015 ELILARASI ... PETITIONER in CRL OP(MD) No.3391 of 2015 V.ANANDHAN ... PETITIONER in CRL OP(MD) No.3474 of 2015 S.B.RENGA KUMAR ... PETITIONER in CRL OP(MD) No.3475 of 2015 KRISHNAN ... PETITIONER in CRL OP(MD) No.647 of 2015 MALAICHAMY ... PETITIONER in CRL OP(MD) No.1454 of 2015 C.VAIDEKI ... PETITIONER in CRL OP(MD) No.3132 of 2015 D.PON SUNDARARAJ ...

PETITIONER in CRL OP(MD) No.3541 of 2015 KARUPPU ... PETITIONER in CRL OP(MD) No.3543 of 2015 SRIPATHY ACHAAR ... PETITIONER in CRL OP(MD) No.3545 of 2015 M. MADHAVI ... PETITIONER in CRL OP(MD) No.3589 of 2015 M.K.SURESH ... PETITIONER in CRL OP(MD) No.3590 of 2015 S.ANNALAKSHMI ... PETITIONER in CRL OP(MD) No.3591 of 2015 MARAN ... PETITIONER in CRL OP(MD) No.3595 of 2015 S.KARTHIKEYAN ... PETITIONER in CRL OP(MD) No.578 of 2015 G.N.K.RAMESH BABU ... PETITIONER in CRL OP(MD) No.3497 of 2015 K. SELVAM ... PETITIONER in CRL OP(MD) No.3503 of 2015 P.RAMALAKSHMI ... PETITIONER in CRL OP(MD) No.3518 of 2015 S.RAJALAKSHMI DEVI ... PETITIONER in CRL OP(MD) No.3525 of 2015 M.VELAMMAL ... PETITIONER in CRL OP(MD) No.3593 of 2015 SHANTHI ... PETITIONER in CRL OP(MD) No.3610 of 2015 K.SARAVANAN ... PETITIONER in CRL OP(MD) No.

1 THE SUPERINTENDENT OF POLICE SIVAGANGAI DIST 2 THE INSPECTOR OF POLICE KEEZHASIVALPATTI POLICE STATION SIVAGANGAI DIST ... RESPONDENT(s) in CRL OP(MD) No.2977 of 2015 1 THE COMMISSIONER OF POLICE MADURAI CITY MADURAI.

2 THE INSPECTOR OF POLICE CITY CRIME BRANCH MADURAI CITY MADURAI.

... RESPONDENT(s) in CRL OP(MD) No.3122 of 2015 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE AYAKUDI POLICE STATION DINDIGUL DISTRICT.

... RESPONDENT(s) in CRL OP(MD) No.3142 of 2015 1 THE INSPECTOR OF POLICE (CRIME) KARIMEDU POLICE STATION MADURAI DISTRICT.

... RESPONDENT(s) in CRL OP(MD) No.3186 of 2015 1 THE SUPERINTENDENT OF POLICE THANJAVUR DIST 2 THE INSPECTOR OF POLICE THIRUNEELAKUDI POLICE STATION THIRUNEELAKUDI THANJAVUR DIST ... RESPONDENT(s) in CRL OP(MD) No.3190 of 2015 1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT AT NAGERCOIL, KANYAKUMARI DISTRICT 2 THE INSPECTOR OF POLICE COLACHEL POLICE STATION KANYAKUMARI DIST ... RESPONDENT(s) in CRL OP(MD) No.3193 of 2015 1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT MADURAI.

2 THE INSPECTOR OF POLICE KARUPPAYOORANI POLICE STATION MADURAI DISTRICT.

... RESPONDENT(s) in CRL OP(MD) No.3254 of 2015

1 THE SUPERINTENDENT OF POLICE TUTICORIN DISTRICT TUTICORIN.

2 THE INSPECTOR OF POLICE TIRUCHENDUR POLICE STATION TUTICORIN DISTRICT.

... RESPONDENT(s) in CRL OP(MD) No.3289 of 2015 1 THE INSPECTOR OF POLICE ANNA NAGAR (LAW AND ORDER) POLICE STATION MADURAI DIST ... RESPONDENT(s) in CRL OP(MD) No.3386 of 2015 1 THE DISTRICT SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE PUDUKKOTTAI TOWN AND DISTRICT 2 THE INSPECTOR OF POLICE GANESH NAGAR POLICE STATION PUDUKKOTTAI DIST ... RESPONDENT(s) in CRL OP(MD) No.3394 of 2015 1 THE SUPERINTENDENT OF POLICE ALAGAR KOVIL ROAD MADURAI MADURAI DISTRICT. 2 THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION MADURAI DISTRICT.

... RESPONDENT(s) in CRL OP(MD) No.3413 of 2015 1 THE SUPERINTENDENT OF POLICE DISTRICT SUPERINTENDENT OF POLICE THANJAVUR 2 THE INSPECTOR OF POLICE PATTUKOTTAI POLICE STATION PATTUKOTTAI ... RESPONDENT(s) in CRL OP(MD) No.3059 of 2015 1 THE SUPERINTENDENT OF POLICE KARUR DISTRICT KARUR.

2 THE INSPECTOR OF POLICE VANGAL POLICE STATION KARUR DISTRICT.

... RESPONDENT(s) in CRL OP(MD) No.3127 of 2015 1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DIST AT NAGERCOIL 2 THE INSPECTOR OF POLICE KULASEKARAM POLICE STATION KANYAKUMARI DIST ... RESPONDENT(s) in CRL OP(MD) No.3150 of 2015

1 THE SUPERINTENDENT OF POLICE NAGERCOIL KANYAKUMARI DISTRICT.

2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH NAGERCOIL KANYAKUMARI DISTRICT.

... RESPONDENT(s) in CRL OP(MD) No.3259 of 2015 1 THE INSPECTOR OF POLICE GOVERNMENT HOSPITAL POLICE STATION GOVERNMENT HOSPITAL CAMPUS TRICHY 2 THE ASSISTANT COMMISSIONER OF POLICE, OFFICE OF THE ASSISTANT COMMISSIONER SRI RANGAM, TRICHY 3 THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE SUBRAMANIAPURAM, TRICHY ... RESPONDENT(s) in CRL OP(MD) No.3323 of 2015 1 THE SUPERINTENDENT OF POLICE THENI DIST 2 THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, OFFICE OF THE DSP BUILDINGS, THENI 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI, THENI DIST ... RESPONDENT(s) in CRL OP(MD) No.3349 of 2015 1 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE TRICHY DT 2 THE INSPECTOR OF POLICE SIRUGANOOR POLICE STATION TRICHY DT ... RESPONDENT(s) in CRL OP(MD) No.3391 of 2015 1 THE COMMISSIONER OF POLICE MADURAI DIST 2 THE INSPECTOR OF POLICE PUDUR POLICE STATION MADURAI DIST ... RESPONDENT(s) in CRL OP(MD) No.3474 of 2015

1 THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT.

2 THE INSPECTOR OF POLICE SOUTH POLICE STATION RAJAPALAYAM.

... RESPONDENT(s) in CRL OP(MD) No.3475 of 2015 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT DINDIGUL.

2 THE INSPECTOR OF POLICE ANTI LAND GRABBING SPECIAL WING ANTI LAND GRABBING SPECIAL CELL (ALGSC) O/O.

SUPERINTENDENT OF POLICE DINDIGUL.

... RESPONDENT(s) in CRL OP(MD) No.647 of 2015 1 THE DIRECTOR GENERAL OF POLICE OFFICE OF THE DIRECTOR GENERAL OF POLICE CHENNAI 2 THE INSPECTOR GENERAL OF POLICE SOUTH ZONE MADURAI 3 THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE MADURAI DIST 4 THE INSPECTOR OF POLICE KEERADHURAI POLICE STATION MADURAI DIST 5 THE INSPECTOR OF POLICE (LAW AND ORDER), THEPPAKULAM POLICE STATION MADURAI DIST ... RESPONDENT(s) in CRL OP(MD) No.1454 of 2015 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT TIRUNELVELI.

2 THE ASSISTANT COMMISSIONER ARMED REERVE POLICE TIRUNELVELI CITY.

3 THE INSPECTOR OF POLICE THIRUVENGADAM POLICE STATION THIRUVENGADAM TIRUNELVELI DISTRICT.

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION PALAYAMKOTTAI TIRUNELVELI DISTRICT.

... RESPONDENT(s) in CRL OP(MD) No.3132 of 2015

1 THE SUPERINTENDENT OF POLICE THOOTHUKUDI DISTRICT.

2 THE SUB INSPECTOR OF POLICE SAWYERPURAM POLICE STATION THOOTHUKUDI DISTRICT.

... RESPONDENT(s) in CRL OP(MD) No.3541 of 2015 1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT MADURAI.

2 THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION MADURAI DISTRICT.

... RESPONDENT(s) in CRL OP(MD) No.3543 of 2015 1 THE SUPERINTENDENT OF POLICE THANJAVUR DIST 2 THE DEPUTY SUPERINTENDENT OF POLICE KUMBAKONAM THANJAVUR DIST 3 THE INSPECTOR OF POLICE EAST POLICE STATION KUMBAKONAM THANJAVUR DIST ... RESPONDENT(s) in CRL OP(MD) No.3545 of 2015 1 THE DIRECTOR GENERAL OF POLICE DR. RADHAKRISHNAN SALAI CHENNAI.

2 THE SUPERINTENDENT OF POLICE SIVAGANGAI DT SIVAGANGAI 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH KARAIKUDI SIVAGANGAI DT ... RESPONDENT(s) in CRL OP(MD) No.3589 of 2015 1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT MADURAI.

2 THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION MADURAI.

... RESPONDENT(s) in CRL OP(MD) No.3590 of 2015 1 THE SUPERINTENDENT OF POLICE THOOTHUKUDI DISTRICT THOOTHUKUDI.

2 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION THOOTHUKUDI DSITRICT.

... RESPONDENT(s) in CRL OP(MD) No.3591 of 2015

1 THE COMMISSIONER OF POLICE THE OFFICE OF THE COMMISSIONER MADURAI.

2 THE INSPECTOR OF OPLICE THIDEERNAGAR POLICE STATION MADURAI.

... RESPONDENT(s) in CRL OP(MD) No.3595 of 2015 1 THE SUPERINTENDENT OF POLICE SIVAGANGAI DIST 2 THE DEPUTY SUPERINTENDENT OF POLICE, THIRUPATUR RANGE, THIRUPATHUR SIVAGANGAI DIST 3 THE INSPECTOR OF POLICE NATCHIYARPURAM POLICE STATION NATCHIYARPURAM THIRUPATHUR TALUK SIVAGANGAI DIST ... RESPONDENT(s) in CRL OP(MD) No.578 of 2015 1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT MADURAI.

2 THE INSPECTOR OF POLICE THEPPAKULAM POLICE STATION THEPPAKULAM MADURAI.

... RESPONDENT(s) in CRL OP(MD) No.3497 of 2015 1 THE SUPERINTENDENT OF POLICE DISTRICT SUPERINTENDENT OFFICE MADURAI DT 2 THE DEPUTY SUPERINTENDENT OF POLICE DEPUTY SUPERINTENDENT OFFICE PERAIYUR MADURAI DT 3 THE INSPECTOR OF POLICE PERAIYUR POLICE STATION MADURAI DT ... RESPONDENT(s) in CRL OP(MD) No.3503 of 2015 1 THE INSPECTOR OF POLICE THALLAKULAM CRIME POLICE STATION MADURAI DIST ... RESPONDENT(s) in CRL OP(MD) No.3518 of 2015 1 THE DEPUTY COMMISSIONER OF POLICE TIRUNELVELI CITY TIRUNELVELI.

2 THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION TIRUNELVELI.

... RESPONDENT(s) in CRL OP(MD) No.3525 of 2015

1 THE SUPERINTENDENT OF POLICE THOOTHUKUDI DIST 2 THE INSPECTOR OF POLICE SOUTH POLICE STATION THOOTHUKUDI DIST ... RESPONDENT(s) in CRL OP(MD) No.3593 of 2015 1 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE THANAJVUR DISTRICT.

2 THE INSPECTOR OF POLICE MATHUKOOR POLICE STATION THANJAVUR DISTRICT. ... RESPONDENT(s) in CRL OP(MD) No.3610 of 2015 1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT MADURAI 2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH MADURAI DISTRICT ... RESPONDENT(s) in CRL OP(MD) No.20170 of 2014 Prayer in CRL OP(MD) No.2977 of 2015:

To direct the 2nd respondent to register a case based on the petitioner complaint dated 17.11.2014 and 10.02.2015 and investigate the same and file a final report within the stipulated time as may be fixed by this Honourable Court.

Prayer in CRL OP(MD) No.3122 of 2015:

To direct the respondent to register a case on the complaint of the petitioner dated 05.02.2015 in accordance with law. Prayer in CRL OP(MD) No.3142 of 2015:

To direct the 1st respondent to forward the complaint of the petitioner dated 11.01.2015 to the 2nd respondent and further direct the 2nd respondent to register FIR upon the same and take action as per law. Prayer in CRL OP(MD) No.3186 of 2015:

To direct the respondent to register the case on basis of the complaint given by the petitioner dated 03.02.2015 and investigate the case accordance with law.

Prayer in CRL OP(MD) No.3190 of 2015:

To direct the 2nd respondent police to register the case against the accused persons on the basis of the petitioners complaint dated 04.02.2015 and give necessary police protection to the petitioner and his family member to life and his property.

Prayer in CRL OP(MD) No.3193 of 2015:

To register a case on the complaint of the petitoner dated 14.02.2015 and investigate the same in accordance with law. Prayer in CRL OP(MD) No.3254 of 2015:

To direct the 2nd respondent to register the case on basis of the complaint given by the petitioner dated 26.12.2014 and investigate the case accordance with law.

Prayer in CRL OP(MD) No.3289 of 2015:

To direct the respodents to register a case on the complaint of the petitioner dated 15.02.2015 and file a final report within the stipulated period as may be fixed by this Honourable Court. Prayer in CRL OP(MD) No.3386 of 2015:

To direct the respondent to register the complaint of the petitioner dated 16.02.2015 and to investigate the same in accordance with law. Prayer in CRL OP(MD) No.3394 of 2015:

To direct the 2nd respondent police station to register a case on the complaint dated 22.01.2015 and to conduct investigation in accordance with law.

Prayer in CRL OP(MD) No.3413 of 2015:

To direct the 2nd respondent to register a case on the basis of the petitioenrs complaint dated 13.02.2015.

Prayer in CRL OP(MD) No.3059 of 2015:

To direct the respondents to file a case on the basis of the petitioners complaint dated 05/02/2015 Prayer in CRL OP(MD) No.3127 of 2015:

To direct the 2nd respondent to register a case on the complaint of the petitioner dated 10.02.2015 and further direct to investigate the case in accordance with law.

Prayer in CRL OP(MD) No.3150 of 2015:

To pass an order or direction directing 1st respondent to instruct the 2nd respondent to register a case against the proposed accused based on the petitioners complaint dated 28.01.2015 and conduct investigation in accordance with law and file a final report after concluding the investigation.

Prayer in CRL OP(MD) No.3259 of 2015:

To direct the 1st respondent instruct to the 2nd respondent to register the case on complaint given by the petitioner dated 06.01.2015. Prayer in CRL OP(MD) No.3323 of 2015:

To issue a direction or order directing the respondents to register a case on the basis of the petitioner complaint dated 23.10.2014 and to take approprite action against the accused person within the time stipulated by this Honourable Court.

Prayer in CRL OP(MD) No.3349 of 2015:

To direct the 1st respondent to instruct the 2nd respondent to register the FIR on the basis of the complaint dated 20.01.201 given by the petitioner.

Prayer in CRL OP(MD) No.3391 of 2015:

To direct the Respondent No.2 to register FIR on the basis of the petitioners complaint dated 01/02/2015 and initiate necessary action in accordance with law, within the time stipulated by this court. Prayer in CRL OP(MD) No.3474 of 2015:

To direct the 2nd respondent to register the complaint of the petitioner dated 19.02.2015 against the proposed accused and proceed the same as per law within a stipulated time that may be fixed by this HOnourabl Court.

Prayer in CRL OP(MD) No.3475 of 2015:

To direct the respondents to register a case on the basis of petitioners complaint dated 10.2.2015 and investigate the same . Prayer in CRL OP(MD) No.647 of 2015:

To issue direction directing the 2nd respondent herein to register F.I.R on the complaint given by the petitioner dated 20.09.2014 and directing the 1st respondent herein to investigate the same and to file a report before this Honourable Court in accordance with law within the tim as stipulated by this Honourable Court.

Prayer in CRL OP(MD) No.1454 of 2015:

To issue direction to the 5th respondent to register a case against the accused persons on the basis of the petitioner complaint dated 05.12.2014.

Prayer in CRL OP(MD) No.3132 of 2015:

To direct the 4th respondent to register a case on the complaint of the petitioner dated 28.07.2014.

Prayer in CRL OP(MD) No.3541 of 2015:

To directing the respondents particularly the 2nd respondent to register the complaint of the petitioner dated 16.2.2015 and investigate the same in accordance with law and also file the final report. Prayer in CRL OP(MD) No.3543 of 2015:

To direct the 2nd respondent to register the case on the basis of the complaint dated 20.1.2015.

Prayer in CRL OP(MD) No.3545 of 2015:

To direct the 3rd respondent to register a case based on the complaint given by the petitioner on 11.01.2015. Prayer in CRL OP(MD) No.3589 of 2015:

To direct the 3rd respondent to register the petitioners complaint dated 14/10/2014 and take appropriate action against the proposed accused.

Prayer in CRL OP(MD) No.3590 of 2015:

To direct the 2nd respondent to register a case on the complaint of the petitioner dated 07.09.2011 and investigate the same in accordance with law.

Prayer in CRL OP(MD) No.3591 of 2015:

To direct the 2nd respondent to register a case based on the complaint given by the petitioner dated 14.01.2015. Prayer in CRL OP(MD) No.3595 of 2015:

To issue a direction, directing the respondents to register the FIR on basis of the complaint of the petitioner dated 21.02.2015. Prayer in CRL OP(MD) No.578 of 2015:

To direct the respondent NO.3 to register a case as against the accused on the basis of the petitioner complaint dated 17.12.2014 and 07.01.2015 on the file of the respondents, within the time stipulated. Prayer in CRL OP(MD) No.3497 of 2015:

To directing the 2nd respondent herein to register FIR on the complaint given by the petitioner dated 02.02.2105 and directing the 1st respondent herein to investigate the same and to further follow-up-action and in accordance with law, within the time stipulated by this Hon'ble court.

Prayer in CRL OP(MD) No.3503 of 2015:

To direct the Respondents to register a case under SC/ST (POA) Act Women Harassment and other relevant penal section against the wrong doers based on the petitioners complaint dated 20/02/2015 for further investigation and to file final report before the concerned Judicial Magistrate.

Prayer in CRL OP(MD) No.3518 of 2015:

To direct the respondent to immediately register a case on the complaint given by the petitioner dated 11.12.2013. Prayer in CRL OP(MD) No.3525 of 2015:

To direct the respondents to register a case based on the complaint of the petitioner dt. 20.01.2015.

Prayer in CRL OP(MD) No.3593 of 2015:

To direct the respondent to register a case on the basis of the petitioner complaint dated on 13.02.2015.

Prayer in CRL OP(MD) No.3610 of 2015:

To direct the respondent No.2 to register FIR on the basis of the petitioners complaint dated 31.01.2015 and initate necessary actionin accordance with law, within the time stipulated by this Hon'ble court Prayer in CRL OP(MD) No.20170 of 2014:

To direct the Inspector of Police,District Crime Branch,Madurai District,the 2nd respondent herein to register the petitioners complaint dated 30/10/2014 as an FIR as expeditiously as possible within the stipulated period, as prescribed by this Hon'ble court.

M/S.P.SEPANA ALIAS SREE... for PETITIONER in CRL OP(MD) No.2977 of 2015 M/S.J.LAWRANCE ... for PETITIONER in CRL OP(MD) No.3122 of 2015 M/S.D.VENKATESH ... for PETITIONER in CRL OP(MD) No.3142 of 2015 M/S.S.RAMASAMY ... for PETITIONER in CRL OP(MD) No.3186 of 2015 M/S.G.GOMATHI SANKAR ... for PETITIONER in CRL OP(MD) No.3190 of 2015 M/S.A.RAJKUMAR SEN ... for PETITIONER in CRL OP(MD) No.3193 of 2015 M/S.R.VENKATESAN ... for PETITIONER in CRL OP(MD) No.3254 of 2015 M/S.N.MARIAPPAN ... for PETITIONER in CRL OP(MD) No.3289 of 2015 M/S.B.CHANDRAMOHAN ... for PETITIONER in CRL OP(MD) No.3386 of 2015 M/S.V.SELVA ... for PETITIONER in CRL OP(MD) No.3394 of 2015 M/S.S.VANCHINATHAN ... for PETITIONER in CRL OP(MD) No.3413 of 2015 M/S.R.JOHN SATHYAN ... for PETITIONER in CRL OP(MD) No.3059 of 2015 M/S.J.SELVAM ... for PETITIONER in CRL OP(MD) No.

3127 of 2015 M/S.D.CHRISTENSON JUGUNU ... for PETITIONER in CRL OP(MD) No.3150 of 2015 M/S.N.S.RAMAKRISHNA DASS ... for PETITIONER in CRL OP(MD) No.3259 of 2015 M/S.M.R.SREENIVASAN ... for PETITIONER in CRL OP(MD) No.3323 of 2015 M/S.C.BETHANASAMY ... for PETITIONER in CRL OP(MD) No.3349 of 2015 M/S.R.ALAGUMANI ... for PETITIONER in CRL OP(MD) No.3391 of 2015 M/S.PERFECT LAW ASSOCIATES ... for PETITIONER in CRL OP(MD) No.3474 of 2015 M/S.S.PON SENTHIL KUMARAN ... for PETITIONER in CRL OP(MD) No.3475 of 2015 M/S.S.MANIKANDAN ... for PETITIONER in CRL OP(MD) No.647 of 2015 M/S.R.UDHAYAKUMAR ... for PETITIONER in CRL OP(MD) No.1454 of 2015 M/S. T. SELVAN ... for PETITIONER in CRL OP(MD) No.3132 of 2015 M/S.T.CHANDRASEKARAN ... for PETITIONER in CRL OP(MD) No.3541 of 2015 M/S.S.MAHENDRAPATHY ... for PETITIONER in CRL OP(MD) No.

3543 of 2015 M/S.P.PETHU RAJESH ... for PETITIONER in CRL OP(MD) No.3545 of 2015 M/S.R.THIRUGNANASAMBANTHAM ... for PETITIONER in CRL OP(MD) No.3589 of 2015 M/S.C.K.M.APPAJI ... for PETITIONER in CRL OP(MD) No.3590 of 2015 M/S.R.PON KARTHIKEYAN ... for PETITIONER in CRL OP(MD) No.3591 of 2015 M/S.R.MANOHARAN ... for PETITIONER in CRL OP(MD) No.3595 of 2015 M/S.M.SATHIAMOORTHY ... for PETITIONER in CRL OP(MD) No.578 of 2015 M/S.R.SUNDAR SRINIVASAN ... for PETITIONER in CRL OP(MD) No.3497 of 2015 M/S.RISHI ASSOCIATES ... for PETITIONER in CRL OP(MD) No.3503 of 2015 M/S.MOTHER LAND ASSOCIATES ... for PETITIONER in CRL OP(MD) No.3518 of 2015 M/S.M.SURESH KUMAR ... for PETITIONER in CRL OP(MD) No.3525 of 2015 M/S.K.A.S. PRABHU ... for PETITIONER in CRL OP(MD) No.

M/S.R.ALAGUMANI ... for PETITIONER in CRL OP(MD) No.3610 of 2015 M/S.R.ANAND ... for PETITIONER in CRL OP(MD) No.20170 of 2014 For Respondent: Mr.K.V.Rajarajan, Govt.Advocate (Crl.Side) in all Crl OP's C O M M O N O R D E R For the past two and a half months, this Court has been passing the following orders on petitions seeking registration of complaint: "By way of an interim order, this Court directs respondent police to peruse the complaint preferred by petitioner herein and register a case if the same informs commission of cognizable offence. In particular instances, respondent police may resort to a petition enquiry which again shall not extend beyond a period of one week. This order is made towards effecting and ensuring compliance with the decision of the Apex Court in Lalita Kumari vs. Govt. of U.P.

& others [2013 (4) Crimes 243 (SC)]. It is expected that respondent police will follow the dictate of the Apex Court in the aforesaid judgment in letter and spirit and not give room for any further action at the hands of this Court. In the event of respondent police not being in receipt of complaint allegedly preferred before them by petitioner, it would always be open for respondent police to inform such position at the next hearing date.

Post after two weeks."

Despite the same, we note that generally, action of the respondents have been more in the breach than in observance.

2. The matter is one of grave concern. Despite the decision of the Apex Court in Lalita Kumari vs. Govt. of U.P.& Others (2013 (4) Crimes 243 (SC)) and despite the repeated direction of this Court requiring action of respondent police, the respondent police ever so often, are found to conduct themselves with gay abandon.

3. This Court, therefore, directs the respondents to strictly follow the mandate in Lalita Kumari vs. Govt. of U.P.& Others (2013 (4) Crimes 243 (SC)) and register cases without fail, where reading of the complaint informs congnizable offences. Their failure to do so would be actionable in contempt at the hands of the respective petitioners. Respondent Police may also note that if their resorting to conduct of petition enquiry, is seen as a ruse to avoid the registration of a case, the same would be actionable in contempt. We would also add a word in caution that the decision of the Apex Court in Arnesh Kumar vs. State of Bihar and Another reported in (2014) 3 MLJ (Crl) (SC) scrupulously is to be followed. Such decision in paragraph Nos.9, 14 and 15, inform thus: "9.

From a plain reading of the aforesaid provision, it is evident that a person accused of offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by the police officer only on its satisfaction that such person had committed the offence punishable as aforesaid.

from committing any further offence; or for proper investigation of the case; or to prevent the accused from causing the evidence of the offence to disappear; or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the Court or the police officer; or unless such accused person is arrested, his presence in the court whenever required cannot be ensured. These are the conclusions, which one may reach based on facts. Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. Law further requires the police officers to record the reasons in writing for not making the arrest.

In pith and core, the police office before arrest must put a question to himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve? It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised. In fine, before arrest first the police officers should have reason to believe on the basis of information and material that the accused has committed the offence. Apart from this, the police officer has to be satisfied further that the arrest is necessary for one or the more purposes envisaged by sub-clauses (a) to (e) of clause (1) of Section 41 of Cr.P.C.

14.Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorize detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:

(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b) (ii);

(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

(4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;

(5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of

the district for the reasons to be recorded in writing;

(6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

(7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.

(8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

15.We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.

4.These petitions are ordered as above. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub- Assistant Registrar To

1. THE DIRECTOR GENERAL OF POLICE OFFICE OF THE DIRECTOR GENERAL OF POLICE, CHENNAI.

2. THE INSPECTOR GENERAL OF POLICE, SOUTH ZONE, MADURAI

3. THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE MADURAI DIST

4. THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE, SUBRAMANIAPURAM, TRICHY.

5. THE ASSISTANT COMMISSIONER OF POLICE , OFFICE OF THE ASSISTANT COMMISSIONER, SRI RANGAM, TRICHY

6. THE ASSISTANT COMMISSIONER ARMED RESERVE POLICE, TIRUNELVELI CITY.

7. THE DEPUTY COMMISSIONER OF POLICE, TIRUNELVELI CITY

8. THE SUPERINTENDENT OF POLICE, SIVAGANGAI DIST

9. THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT

10. THE SUPERINTENDENT OF POLICE, THANJAVUR DIST

11. THE SUPERINTENDENT OF POLICE, KANYAKUMARI DISTRICT AT NAGERCOIL

12. THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT

13. THE SUPERINTENDENT OF POLICE, TUTICORIN DISTRICT, TUTICORIN

14. THE DISTRICT SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, PUDUKOTTAI TOWN AND DISTRICT

15. THE SUPERINTENDENT OF POLICE, KARUR DISTRICT, KARUR

16. THE SUPERINTENDENT OF POLICE, NAGERCOIL, KANYAKUMARI DIST

17. THE SUPERINTENDENT OF POLICE, THENI DIST

18. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, TRICHY DIST

19. THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DIST

20. THE SUPERINTENDENT OF POLICE, TIRUNELVELI DIST

21. THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, OFFICE OF THE DSP BUILDINGS, THENI

22. THE DEPUTY SUPERINTENDENT OF POLICE, KUMBAKONAM, THANJAVUR DIST

23. THE DEPUTY SUPERINTENDENT OF POLICE, THIRUPATUR RANGE, THIRUPATHUR, SIVAGANGAI DIST

24. THE DEPUTY SUPERINTENDENT OF POLICE, DEPUTY SUPERINTENDENT OFFICE, PERAIYUR, MADURAI

25. THE INSPECTOR OF POLICE KEEZHASIVALPATTI POLICE STATION, SIVAGANGAI DIST 25.a) THE INSPECTOR OF POLICE, CITY CRIME BRANCH, MADURAI CITY, MADURAI.

26. THE INSPECTOR OF POLICE,DINDIGUL DISTRICT.

27. THE INSPECTOR OF POLICE,AYAKUDI POLICE STATION, DINDIGUL DISTRICT

28. THE INSPECTOR OF POLICE,(CRIME), KARIMEDU POLICE STATION, MADURAI DISTRICT

29. THE INSPECTOR OF POLICE,THIRUNEELAKUDI POLICE STATION, THIRUNEELAKUDI, THANJAVUR DIST

30. THE INSPECTOR OF POLICE,COLACHEL POLICE STATION, KANYAKUMARI DIST

31. THE INSPECTOR OF POLICE,KARUPPAYOORANI POLICE STATION, MADURAI DISTRICT.

32. THE INSEPCTOR OF POLICE,TIRUCHENDUR POLICE STATION, TUTICORIN DISTRICT

33. THE INSPECTOR OF POLICE.,ANNANAGAR (LAW AND ORDER) POLICE STATION MADURAI DIST

34. THE INSPECTOR OF POLICE,GANESH NAGAR POLICE STATION, PUDUKKOTTAI DIST

35. THE INSPECTOR OF POLICE,SAMAYANALLUR POLICE STATION, MADURAI DIST

36. THE INSPECTOR OF POLICE,PATTUKOTTAI POLICE STATION, PATTUKOTTAI.

37. THE INSPECTOR OF POLICE,VANGAL POLICE STATION KARUR DIST

38. THE INSPECTOR OF POLICE,KULASEKARAM POLICE STATION, KANYAKUMARI DIST

39. THE INSPECTOR OF POLICE,DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DIST

40. THE INSPECTOR OF POLICE,GOVERNMENT HOSPITAL POLICE STATION, GOVERNMENT HOSPITAL CAMPUS, TRICHY.

41. THE INSPECTOR OF POLICE,DISTRICT CRIME BRANCH, THENI.

42. THE INSPECTOR OF POLICE,SIRUGANOOR POLICE STATION, TRICHY DISTRICT

43. THE INSPECTOR OF POLICE,PUDUR POLICE STATION, MADURAI DIST

44. THE INSPECTOR OF POLICE,SOUTH POLICE STATION, RAJAPALAYAM

45. THE INSPECTOR OF POLICE,ANTI LAND GRABBING SPECIAL WING, ANTI LAND GRABBING SPECIAL CELL (ALGSC), O/O, SUPERINTENDENT OF POLICE, DINDIGUL

46. THE INSPECTOR OF POLICE,KEERADHURAI POLICE STATION, MADURAI DIST

47. TEH INSPECTOR OF POLICE,(LAW AND ORDER), THEPPAKULAM POLICE STATION, MADURAI DIST

48. THE INSPECTOR OF POLICE,THIRUVENGADAM POLCIE STATION, THIRUVENGADAM, TIRUNELVELI DIST

49. THE INSPECTOR OF POLICE,ALL WOMEN POLICE STATION, PALAYAMKOTTAI, TIRUNELVEI DIST

50. THE INSPECTOR OF POLICE,ALANGANALLUR POLICE STATION, MADURAI DIST

51. THE INSPECTOR OF POLICE,EAST POLICE STATION, KUMBAKONAM, THANJAVUR DIST

52. THE INSPECTOR OF POLICE,DISTRICT CRIME BRANCH, KARAIKUDI, SIVAGANGAI DIST

53. THE INSPECTOR OF POLICE,ANNA NAGAR POLICE STATION, MADURAI

54. THE INSPECTOR OF POLICE,KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DIST

55. THE INSPECTOR OF POLICE,THIDEERNAGAR POLICE STATION, MADURAI

56. THE INSPECTOR OF POLICE,NATCHIYARPURAM POLICE STATION, NATCHIYARPURAM. THIRUPATHUR TALUK, SIVAGANGAI DIST

57. THE INSPECTOR OF POLICE,THEPPAKULAM POLICE STATION, THEPPAKULAM, MADURAI

58. THE INSPECTOR OF POLICE,PERAIYUR POLICE STATION, MADURAI DIST

59. THE INSPECTOR OF POLICE,THALLAKULAM CRIME POLICE STATION, MADURAI DIST

60. THE INSPECTOR OF POLICE,PERUMALPURAM POLICE STATION, TIRUNELVELI

61. THE INSPECTOR OF POLICE,SOUTH POLICE STATION, THOOTHUKUDI DIST

62. THE INSPECTOR OF POLICE,MATHUKOOR POLICE STATION, THANJAVUR DIST

63. THE ADDL.PUBLICE PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

64. THE SUB INSPECTOR OF POLICE,SAWYERPURAM POLICE STATION, THOOTHUKUDI DIST +1cc to M/s.G.Gomathisankar, Advocate in SR.No.13112/15 +1cc to M/s.G.Gomathisankar, Advocate in SR.No.12441/15 +1cc to M/s.N.Mariappan, Advocate in SR.No.9894/15 +1cc to Mr.B.Chandra Mohan, Advocate in SR.No.13153 /15 +1cc to M/s.S.Vanchinathan, Advocate in SR.No.13324/15 +1cc to M/s.R.Johnsathyan, Advocate in SR.No.13076/15 +1cc to M/s.R.Johnsathyan, Advocate in SR.No.9908/15 +1cc to Mr.D.Christenson Jegunu, Advocate in SR.No.12760/15 +1cc to M/s.M.R.Sreenivasan, Advocate in SR.No.12986/15 +1cc to Mr.T.Chandrasekaran, Advocate in SR.No.13501/15 +1cc to Mr.T.Chandrasekaran, Advocate in SR.No.10139/15 +1cc to M/s.H.Velavadhas, ADvocate in SR.No.12875/15 +1cc to Mr.P.T.RameshRaja, Advocate in SR.No.13084/15 +1cc to M/s.Rishi Associates, Advocate in SR.No.

9784/15 +1cc to Mr.K.A.S.Prabhu, Advocate in SR.No.13523/15 +1cc to Mr.K.A.S.Prabhu, Advocate in SR.No. 9564/15 Sm:30.04.2015:18P/80C am Crl.O.P.(MD)Nos.2977,3122,3142, 3186, 3190, 3193, 3254, 3289,3386, 3394, 3413, 3059, 3127, 3150,3259,3323,3349,3391,3474,3475,647,1454,3132,3541,3543, 3545,3589,3590,3591,3595, 578, 3497, 3503, 3518,3525, 3593, 3610 of 2015 and 20170 of 2014 ( 38 cases)and connected miscellaneous petitions 17.03.