Madras High CourtCRL OP(MD)/1417/2016disposed of

S.Rajendran v. The Commissioner Of Police

2016-01-28Honourable Mr Justice S. Vaidyanathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2016

CORAM:

THE HONOURABLE Mr. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.1417, 1418, 1419, 1421, 1422, 1425 & 1428 of 2016 S.RAJENDRAN ... PETITIONER in CRL OP(MD) No.1417 of 2016 K. R.NACHIAPPAN ... PETITIONER in CRL OP(MD) No.1418 of 2016 AJITHA ... PETITIONER in CRL OP(MD) No.1419 of 2016 S.P.SENGUTTVAN ... PETITIONER in CRL OP(MD) No.1421 of 2016 NATHIYA ... PETITIONER in CRL OP(MD) No.1422 of 2016 TN.VIJAYASEKAR @ DILIP ... PETITIONER in CRL OP(MD) No.1425 of 2016 S.ARUMUGAM ... PETITIONER in CRL OP(MD) No.1428 of 2016 -VS1 THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, MADURAI TOWN.

2 THE INSPECTOR OF POLICE, VILAKKUTHOON POLICE STATION, MADURAI ... RESPONDENTS in CRL OP(MD) No.1417 of 2016 1 THE SUPERINTENDENT OF POLICE, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

2 THE DEPUTY SUPERINTENDENT OFPOLICE PONNAMARAVATHI, PUDUKKOTTAI DISTRICT.

3 THE SUB- INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, THIRUMAYAM PUDUKOTTAI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.1418 of 2016 1 THE SUPERINTENDENT OF POLICE NAGERCOIL KANYAKUMARI DISTRICT 2 THE INSPECTOR OF POLICE, KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT ... RESPONDENTS in CRL OP(MD) No.1419 of 2016 1 THE SUPERINTENDENT OF POLICE, PUDUKKOTTAI DISTRICT, PUDUKKOTTAI.

2 THE INSPECTOR OF POLICE, KARAMBAKUDI POLICE STATION, KARAMBAKUDI PUDUKKOTTAI DISTRICT ... RESPONDENTS in CRL OP(MD) No.1421 of 2016

1 THE SUPERINTENDENT OF POLICE, PUDUKKOTTAI DISTRICT, PUDUKKOTTAI.

2 THE INSPECTOR OF POLICE, ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.... RESPONDENT in CRL OP(MD) No.1422 of 2016 1 THE SUPERINTENDENT OF POLICE, DINDIGUL, DINDIGUL DISTRICT 2 THE INSPECTOR OF POLICE, PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT ... RESPONDENTS in CRL OP(MD) No.1425 of 2016 1 THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT, TIRUNELVELI.

2 THE INSPECTOR OF POLICE, CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT. ... RESPONDENT in CRL OP(MD) No.1428 of 2016 Prayer in CRL OP(MD) No.1417 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to register a case based on the complaint given by the petitioner on 18.12.2015 and to conduct fair and impartial investigation in accordance with law within the period stipulated by this Hon'ble Court.

Prayer in CRL OP(MD) No.1418 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 3 rd Respondent to register the Petitioners complaint dated 12.01.2016 on the file of the Respondent police and to investigate the same in accordance with law.

Prayer in CRL OP(MD) No.1419 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent herein to register a case based on the petitioners complaint dated 24.11.2015 and to investigate the same in accordance with law.

Prayer in CRL OP(MD) No.1421 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register a case against the accused on the complaint dated 05.10.2015 and pass such further or other orders. Prayer in CRL OP(MD) No.1422 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register a case on the petitioners complaint dated 08.12.2015 and investigate the same in accordance with law. Prayer in CRL OP(MD) No.1425 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register a case on the basis of the petitioners complaint dated 9.1.2016.

Prayer in CRL OP(MD) No.1428 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to register a case on the complaint dated 05.01.2016 given by the petitioner.

M/S P.ADIKESAVAN ... for PETITIONER in CRL OP(MD) No.1417 of 2016 M/S S.MUTHUKUMAR ... for PETITIONER in CRL OP(MD) No.1418 of 2016 M/S T.SELVAKUMARAN ... for PETITIONER in CRL OP(MD) No.1419 of 2016 M/S V.SELVA ... for PETITIONER in CRL OP(MD) No.1421 of 2016 M/S M.SURESH ... for PETITIONER in CRL OP(MD) No.1422 of 2016 M/S M.SANKAR ... for PETITIONER in CRL OP(MD) No.1425 of 2016 M/S S.SAJI BINO ... for PETITIONER in CRL OP(MD) No.1428 of 2016 FOR RESPONDENTS ... MR.A.P.BALASUBRAMANI Government Advocate (Crl.Side) in all Crl.OPs COMMON ORDER The petitions filed under Section 482 Cr.P.C., directing the respondents to register a case based on the complaint given by the petitioners and to conduct fair and impartial investigation in accordance with law within the period stipulated by this Court. 2.The learned Government Advocate (Crl.

side) appearing for the respondent Police on instruction would submit that the complaint has been received by the respondent Police and the same will be enquired into and if any prima facie case is made out, the said complaint 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 complaint of the petitioners, they shall register a case within a period of one week thereafter.

4.In case of closure of complaint, the respective respondent Police is 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 (CS-I) /True Copy/ Sub Assistant Registrar

To 1 THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, MADURAI TOWN.

2 THE INSPECTOR OF POLICE, VILAKKUTHOON POLICE STATION, MADURAI 3 THE SUPERINTENDENT OF POLICE, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

4 THE DEPUTY SUPERINTENDENT OF POLICE, PONNAMARAVATHI, PUDUKKOTTAI DISTRICT.

5 THE SUB- INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, THIRUMAYAM ,PUDUKOTTAI DISTRICT.

6 THE SUPERINTENDENT OF POLICE, NAGERCOIL, KANYAKUMARI DISTRICT 7 THE INSPECTOR OF POLICE, KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT.

8 THE INSPECTOR OF POLICE, KARAMBAKUDI POLICE STATION, KARAMBAKUDI,PUDUKKOTTAI DISTRICT 9 THE INSPECTOR OF POLICE, ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

10 THE SUPERINTENDENT OF POLICE, DINDIGUL, DINDIGUL DISTRICT 11 THE INSPECTOR OF POLICE, PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT.

12 THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT, TIRUNELVELI.

13 THE INSPECTOR OF POLICE, CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1CC to Mr.S.Saji Bino Advocate Sr.No.5367 +1CC to Mr.M.Suresh Advocate Sr.No.4798 +1CC to Mr.M.Sankar Advocate Sr.No.6190 +1CC to Mr.S.Muthukumar Advocate Sr.No.4812 GJM/PM/MP/11.2.2016-4p-19C Crl.O.P.(MD)Nos.1417, 1418, 1419, 1421, 1422, 1425 & 1428 of 2016 Dated : 28.02.2016