Madras High CourtCRL OP(MD)/1153/2016disposed of

M. Paulraj v. The Deputy Superintendent Of

2016-01-22Honourable Mr Justice S. Vaidyanathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2016

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.1153, 1154, 1164, 1173, 1176 and 1177 of 2016 M. PAULRAJ ... PETITIONER in CRL OP(MD) No.1153 of 2016 KUMARAGURU ... PETITIONER in CRL OP(MD) No.1154 of 2016 M. SUMATHI ...PETITIONER in CRL OP(MD) No.1164 of 2016 I.SUMATHI ... PETITIONER in CRL OP(MD) No.1173 of 2016 M.MALAVIYA ... PETITIONER in CRL OP(MD) No.1176 of 2016 JOSEPH MARSHA ... PETITIONER in CRL OP(MD) No.1177 of 2016 -VS1 THE DEPUTY SUPERINTENDENT OF POLICE ODANCHATHIRAM DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE SEMPATTI POLICE STATION DINDIGUL DISTRICT.

... RESPONDENTs in CRL OP(MD) No.1153 of 2016 1 THE DEPUTY INSPECTOR GENERAL OF POLICE TIRUNELVELI. TIRUNELVELI DISTRICT. 2 THE INSPECTOR OF POLICE ANTI-LAND GRABBING CELL TIRUNELVELI TIRUNELVELI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1154 of 2016 1 THE COMMISSIONER OF POLICE MADURAI CITY MADURAI.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION TALLAKULAM MADURAI. ... RESPONDENTs in CRL OP(MD) No.1164 of 2016 1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT NAGERCOIL 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION KANYAKUMARI DISTRICT ... RESPONDENTs in CRL OP(MD) No.1173 of 2016 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE TALUK POLICE STATION TIRUNELVELI.

TIRUNELVELI DISTRICT. .. RESPONDENTS in CRL OP(MD) No.1176 of 2016 1 THE SUPERINTENDENT OF POLICE SIVAGANGAI DISTRICT SIVAGANGAI.

2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH SIVAGANGAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1177 of 2016 Prayer in CRL OP(MD) No.1153 of 2016:

Petitions filed under Section 482 of Criminal Procedure Code, praying this Court to direct the respondents particularly the 2nd respondent to register the complaint of the petitioner dated 18.08.2015 and investigate the same in accordance with law and also file the final report.

Prayer in CRL OP(MD) No.1154 of 2016:

Petitions filed under Section 482 of Criminal Procedure Code, praying this Court to direct the 2nd Respondent to register a case on the basis of the petitioners complaint dated 05.12.2015 sent to the 1st Respondent and the same is now pending before the 2nd respondent. Prayer in CRL OP(MD) No.1164 of 2016:

Petitions filed under Section 482 of Criminal Procedure Code, praying this Court to direct the 2nd respondent to register the case based upon the petitioners complaint dated 21.12.2015. Prayer in CRL OP(MD) No.1173 of 2016:

Petitions filed under Section 482 of Criminal Procedure Code, praying this Court to directing the respondents particularly the 3rd respondent to register the complaint of the petitioner dated 8.1.2016 and investigate the same in accordance with law and also file the final report.

Prayer in CRL OP(MD) No.1176 of 2016:

Petitions filed under Section 482 of Criminal Procedure Code, praying this Court to direct the 2nd respondent to register the petitioners complaint dated 18.12.2015 and investigate the same in accordance with law.

Prayer in CRL OP(MD) No.1177 of 2016:

Petitions filed under Section 482 of Criminal Procedure Code, praying this Court to direct the 2nd Respondent to register the case for the Petitioners complaint dated 01.12.2015 Mr. C.M.MARI CHELLIAH PRABHU ... for PETITIONER in CRL OP(MD) No.1153 of 2016 Mr. V.SASIKUMAR ... for PETITIONER in CRL OP(MD) No.1154 of 2016

1 J. SENTHIL KUMARAIAH 2 M/S DHANA LAW ASSOCIATES ... for PETITIONERs in CRL OP(MD) No.1164 of 2016 Mr. S.ALAGUSUNDAR ... for PETITIONER in CRL OP(MD) No.1173 of 2016 Mr. N.MOHAN ... for PETITIONER in CRL OP(MD) No.1176 of 2016 Mr. K.SUDALAIYANDI .. for PETITIONER in CRL OP(MD) No.1177 of 2016 For Respondents : Mr.A.P.Balasubramani Govt.Advocate (crl.side) on behalf of all the Respondents 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.TheGovernment 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.

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(writ) /True copy/ Sub Assistant Registrar

MPK To 1.The Deputy Superintendent of Police, Odanchathiram, Dindigul District.

2 THE DEPUTY INSPECTOR GENERAL OF POLICE TIRUNELVELI. TIRUNELVELI DISTRICT. 3 THE COMMISSIONER OF POLICE MADURAI CITY MADURAI.

4 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT NAGERCOIL 5 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT.

6 THE SUPERINTENDENT OF POLICE SIVAGANGAI DISTRICT SIVAGANGAI.

7. The Inspector of Police, Sempatti Police Station, Dindigul District.

8 THE INSPECTOR OF POLICE ANTI-LAND GRABBING CELL TIRUNELVELI TIRUNELVELI DISTRICT.

9 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION TALLAKULAM, MADURAI. 10 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUNELVELI 11 THE INSPECTOR OF POLICE TALUK POLICE STATION TIRUNELVELI.

TIRUNELVELI DISTRICT.

12 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH SIVAGANGAI DISTRICT.

13.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC TO MR.V.SASIKUMAR, ADVOCATE, SR NO:3960 +1 CC TO MR.J.SENTHIL KUMARAIAH,ADVOCATE SR.NO.3964 +1 CC TO MR.K.SUDALAIYANDI, ADVOCATE, SR NO:3658 JAM/GSV-PM/04.02.16/4P-17C Crl.O.P.(MD)Nos.1153, 1154, 1164, 1173, 1176 and 1177 of 2016 22.01.2016