Madras High CourtCRL OP(MD)/149/2016disposed of

Natchammal v. The Superintendent Of Police

2016-01-07Honourable Mr Justice S. Vaidyanathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2016

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.149, 157, 162, 164, 167 and 168 of 2016 NATCHAMMAL ... PETITIONER in CRL OP(MD) No.149 of 2016 MAHENDRAN ... PETITIONER in CRL OP(MD) No.157 of 2016 B. GURUVAMUTHU ... PETITIONER in CRL OP(MD) No.162 of 2016 PRIYA ... PETITIONER in CRL OP(MD) No.164 of 2016 MUTHUVELPALANI ... PETITIONER in CRL OP(MD) No.167 of 2016 S. MUTHUKUMAR ... PETITIONER in CRL OP(MD) No.168 of 2016 -VS- DINDIGUL DISTRICT, DINDIGUL.

2 THE DEPUTY SUPERINTENDENT OF POLICE, PALANI,DINDIGUL DISTRICT.

TALUK POLICE STATION, PALANI, DINDIGUL DISTRICT.

... RESPONDENTS in CRL OP(MD) No.149 of 2016 1 THE COMMISSIONER OF POLICE, MADURAI DIST 2 THE INSPECTOR OF POLICE, VILAKKUTHOON POLICE STATION, MADURAI DIST ... RESPONDENTS in CRL OP(MD) No.157 of 2016 DINDIGUL, DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE, DINDIGUL TOWN POLICE STATION, DINDIGUL DINDIGUL DISTRICT.

... RESPONDENTS in CRL OP(MD) No.162 of 2016

1 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI DISTRICT.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPPARANKUNDRAM, MADURAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.164 of 2016 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI.

... RESPONDENTS in CRL OP(MD) No.167 of 2016 VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

2 THE INSPECTOR OF POLICE, TOWN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.

TOWN POLICE STATION, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

... RESPONDENTS in CRL OP(MD) No.168 of 2016 Prayer in CRL OP(MD) No.149 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 3rd respondent to register a case for an alleged offences punishable Under Sections 147, 148, 149, 341, 294(b), 307, 323, 324, 354, 427 and 506(ii) of IPC, and Section 3(1) of Prevention of Damage To Public Property Act, 1984, and section 4 of Prevention of Women from Harassment Act and provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on the basis of the petitioner complaint given to the 3rd respondent, dated 19.12.2015.

Prayer in CRL OP(MD) No.157 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent to register the case on the complaint given by the petitioner dated 15.12.2015.

Prayer in CRL OP(MD) No.162 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent to register a case/F.I.R on the complaint given by the Petitioner dated 08.12.2015 and investigate into the case.

Prayer in CRL OP(MD) No.164 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Respondents to REGISTER THE CASE based on the complaint given by the petitioner on 21.12.2015. Prayer in CRL OP(MD) No.167 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent herein to register the complaint given by the Petitioner dated 25.12.2015 and take necessary action within the time stipulated by this Honourable Court. Prayer in CRL OP(MD) No.168 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to instruct the 3 rd respondent, the Inspector of Police, Srivilliputhur Town Police Station to Register a case/F.I.R and investigate the same in accordance with law, by considering the Petitioners complaint dated 15.12.2015.

For Petitioners:

: M/S M.KALAMURUGAPPAN in CRL OP(MD) No.149 of 2016 : M/S V.KANNAN in CRL OP(MD) No.157 of 2016 : M/S S.SARAVANAKUMAR in CRL OP(MD) No.162 of 2016 : M/S A.S.SHANGEETHA in CRL OP(MD) No.164 of 2016 : M/S VEERA KATHIRAVAN in CRL OP(MD) No.167 of 2016 : M/S M.SOLAISAMY in CRL OP(MD) No.168 of 2016 For Respondents:

: MR.A.P.BALASUBRAMANI Government Advocate(Crl.Side) in all Petitions 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.

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 DINDIGUL DISTRICT, DINDIGUL.

2 THE DEPUTY SUPERINTENDENT OF POLICE, PALANI,DINDIGUL DISTRICT.

TALUK POLICE STATION, PALANI, DINDIGUL DISTRICT.

4 THE COMMISSIONER OF POLICE, MADURAI DIST

5 THE INSPECTOR OF POLICE, VILAKKUTHOON POLICE STATION, MADURAI DIST 6 THE INSPECTOR OF POLICE, DINDIGUL TOWN POLICE STATION, DINDIGUL DINDIGUL DISTRICT.

7 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPPARANKUNDRAM, MADURAI DISTRICT.

8 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI.

9 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

10 THE INSPECTOR OF POLICE, TOWN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.

11 THE INSPECTOR OF POLICE, TOWN POLICE STATION, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

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

+1cc to Mr.M.KalaMurugappan, Advocate Sr.No.1486 +1cc to Mr.V.Kannan,Advocate Sr.No.1431 +1cc to Mr.A.S.Shangeetha,Advocate Sr.No.1091 +1cc to Mr.Veerakathiravan,Advocate Sr.No.947 +1cc to Mr.M.Solaisamy,Advocate Sr.No.1595 mpk AA/SK-SKN/27.01.2016/5p-18c Crl.O.P.(MD)Nos.149, 157, 162, 164, 167 and 168 of 2016 07.01.2016