Madras High CourtCRL OP(MD)/1495/2016disposed of

Ananthamunirajan v. The Superintendent Of Police

2016-01-28Honourable Mr Justice S. Vaidyanathan5 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.1495, 1496, 1498, 1501, 1502, 1505, 1509, 1526 of 2016 ANANTHAMUNIRAJAN ... PETITIONER in CRL OP(MD) No.1495/2016 A.PITCHAI ... PETITIONER in CRL OP(MD) No.1496/2016 THAJMABEEVI ... PETITIONER in CRL OP(MD) No.1498/2016 D.SARAVANAN ... PETITIONER in CRL OP(MD) No.1501/2016 S.PERUMAL ... PETITIONER in CRL OP(MD) No.1502/2016 M.SURESH ... PETITIONER in CRL OP(MD) No.1505/2016 TMT.RAMPRIYA DILIP ... PETITIONER in CRL OP(MD) No.1509/2016 THAMBI KAANI ... PETITIONER in CRL OP(MD) No.1526/2016 -VS1 THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT, DINDIGUL.

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

... RESPONDENTS in CRL OP(MD) No.1495 of 2016 1 THE SUPERINTENDENT OF POLICE, TRICHY DISTRICT, TRICHY.

2 THE INSPECTOR OF POLICE, THUVAKUDI POLICE STATION , THUVAKUDI, TRICHY DISTRICT ... RESPONDENTS in CRL OP(MD) No.1496 of 2016 1 THE SUPERINTENDENT OF POLICE, RAMANATHAPURAM DISTRICT.

2 THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1498 of 2016 1 THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT, DINDIGUL.

2 THE INSPECTOR OF POLICE,

DISTRICT CRIME BRANCH, DINDIGUL DISTRICT ... RESPONDENTS in CRL OP(MD) No.1501 of 2016 THE INSPECTOR OF POLICE, TALUK POLICE STATION, DINDIGUL.

... RESPONDENT in CRL OP(MD) No.1502 of 2016 1 THE SUPERINTENDENT OF POLICE, KANYAKUMARI DISTRICT, NAGERCOIL.

2 THE INSPECTOR OF POLICE, ARALVAIMOZHI POLICE STATION, KANYAKUMARI DISTRICT ... RESPONDENTS in CRL OP(MD) No.1505 of 2016 1 THE SUPERINTENDENT OF POLICE, THENI, THENI DISTRICT.

2 THE INSPECTOR OF POLICE, PERIYAKULAM VADAKARAI POLICE STATION, THENI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1509 of 2016 1 THE SUPERINTENDENT OF POLICE, KANYAKUMARI DISTRICT AT NAGERCOIL.

2 THE INSPECTOR OF POLICE, SCHEDULED CASTE AND SCHEDULED TRIBE (PREVENTION OF ATROCITIES) ACT, NAGERCOIL KANYAKUMARI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1526 of 2016 Prayer in CRL OP(MD) No.1495 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., directing the respondents to register a case / FIR on the complaint given by the petitioner dated 22.01.2016 and investigate into the matter in accordance with law and file a final report within a period prescribed by this Court.

Prayer in CRL OP(MD) No.1496 of 2016:

To direct the 2nd respondent to register the case on the petitioners complaint dated 5.11.2015 and proceed with the same according to law within the time frame fixed by this Honourable Court. Prayer in CRL OP(MD) No.1498 of 2016:

To direct the 1st respondent to instruct the 2nd respondent to register a case based upon the petitioners complaint dated 13.1.2016. Prayer in CRL OP(MD) No.1501 of 2016:

To directing the 2nd respondent to register the case on the compliant of the petitioner dated 10.2.2016 consequently directing the 2nd respondent to investigate and file a final report within a stipulated time as fixed by this Honourable Court.

Prayer in CRL OP(MD) No.1502 of 2016:

To directing the respondent to register FIR on the petitioners complaint dated 21.1.2016.

Prayer in CRL OP(MD) No.1505 of 2016:

To directing the 2nd respondent to register a case on the petitioners complaint dated1.12.2015 investigate the same in accordance with law.

Prayer in CRL OP(MD) No.1509 of 2016:

To direct the 2nd respondent to register a case FIR on the complaint given by the petitioner dated 27.8.2015 and investigate into the case.

Prayer in CRL OP(MD) No.1526 of 2016:

To direct the 2nd respondent to register the petitioners complaint dated 21.12.2015 FOR PEITITONERS:- M/S.N.SATHISH BABU, ADVOCATE IN CRL OP(MD) No.1495 of 2016 M/S KARTHICK SUBRAMANIAN, ADVOCATE IN CRL OP(MD) No.1496 of 2016 M/S G.VISHNURAM, ADVOCATE IN CRL OP(MD) No.1498 of 2016 M/S V.KARUNA, ADVOCATE IN CRL OP(MD) No.1501 of 2016 M/S S.SANKAR, ADVOCATE IN CRL OP(MD) No.1502 of 2016 M/S M.SURESH, ADVOCATE IN CRL OP(MD) No.1505 of 2016 M/S G.MUTHURAMAN, ADVOCATE IN CRL OP(MD) No.1509 of 2016 M/S D.CHRISTENSON JUGUNU, ADVOCATE IN CRL OP(MD) No.1526 of 2016 FOR RESPONDENTS:- MR.A.P.BALASUBRAMANI, G.A.(CRL.SIDE) IN ALL CRL.OPs COMMON ORDER The petition has been filed under Section 482 Cr.P.C., directing the respondents to register a case / FIR on the complaint given by the petitioner dated 22.01.2016 and investigate into the matter in accordance with law and file a final report within a period prescribed 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 petitioner, 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 petitioner within a period of one week from the date of closure. On receipt of the same, it is open to the petitioner either to make a private complaint or recourse to any other provisions of law. The Criminal Original petition is disposed of accordingly.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Taluk Police Station, Dindigul, Dindigul District.

3.The Superintendent of Police, Trichy District, Trichy.

4.The Inspector of Police, Thuvakudi Police Station, Thuvakudi, Trichy District.

5.The Superintendent of Police, Ramanathapuram District.

6.The Inspector of Police, Kenikarai Police Station, Ramanathapuram, Ramanathapuram District.

7.The Inspector of Police.

District Crime Branch, Dindigul District.

8.The Superintendent of Police, Kanyakumari District, Nagercoil.

9.The Inspector of Police, Aralvaimozhi Police Station, Kanyakumari District.

10.The Superintendent of Police, Theni, Theni District.

11.The Inspector of Police, Periyakulam Vadakarai Police Station, Theni District.

12.The Inspector of Police, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Nagercoil, Kanyakumari District.

13.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.V.KARUNA, ADVOCATE IN SR NO. 5603/16 + 1 CC TO MR.G.VISHNURAM, ADVOCATE IN SR NO.5358/16 + 1 CC TO MR.S.SANKAR, ADVOCATE IN SR NO. 5014/16 + 1 CC TO MR.M.SURESH, ADVOCATE IN SR NO. 4799/16 + 1 CC TO MR.G.MUTHURAMAN, ADVOCATE IN SR NO. 5025/16 + 1 CC TO MR.D.CHRISTENSON JUGUNU, ADVOCATE IN SR NO. 4867/16 + 1 CC TO MR.N.SATHISH BABU, ADVOCATE IN SR NO. 5434/16 NBJ TE/SKS-RR/ : 10/02/2016 : 5P/21C Crl.O.P.(MD)Nos.1495, 1496, 1498, 1501, 1502, 1505, 1509, 1526 of 2016