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Madras High CourtCRL OP(MD)/1596/2016disposed of

R.Meenakshi v. The Commissioner Of Police

2016-01-29Honourable Mr Justice S. Vaidyanathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2016

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.1596, 1597, 1609, 1613 1616 and 1617 of 2016 R.MEENAKSHI ... PETITIONER in CRL OP(MD) No.1596 of 2016 VIJALAKSHMI ... PETITIONER in CRL OP(MD) No.1597 of 2016 P.S. KESAVAN ... PETITIONER in CRL OP(MD) No.1609 of 2016 J.ANANDARAJA ... PETITIONER in CRL OP(MD) No.1613 of 2016 R.SRINIVASAN ... PETITIONER in CRL OP(MD) No.1616 of 2016 A.CHANDRASEKARAN ... PETITIONER in CRL OP(MD) No.1617 of 2016 -VS1 THE COMMISSIONER OF POLICE MADURAI CITY L & O. E1 K.PUDUR POLICE STATION MADURAI 625 007 ... RESPONDENTS in CRL OP(MD) No.1596 of 2016 1 THE DISTRICT SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT.

SANKARANKOVIL TOWN POLICE STATION TIRUNELVELI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.1597 of 2016 1 THE DISTRICT SUPERINTENDENT OF POLICE OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE VIRUDHUNAGAR.

2 THE DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR.

... RESPONDENTS in CRL OP(MD) No.1609 of 2016 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT DINDIGUL KANNIVADI POLICE STATION DINDIGUL DISTRICT ... RESPONDENTS in CRL OP(MD) No.1613 of 2016 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT DINDIGUL 2 THE DEPUTY SUPERINTENDENT OF POLICE NILAKOTTAI DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE NILAKOTTAI POLICE STATION DINDIGUL DISTRICT ... RESPONDENTS in CRL OP(MD) No.1616 of 2016 1 THE SUPERINTENDENT OF POLICE MADUAI DISTRICT POLICE OFFICE MADURAI LAND GRABBING CELL MADURAI DISTRICT POLICE OFFICE SURVEYOR COLONY MADURAI ... RESPONDENTS in CRL OP(MD) No.1617 of 2016 Prayer in CRL OP(MD) No.1596 of 2016:

To direct the 2nd respondent to register the case on the basis of petitioners complaint dated 6.1.2016 and to investigate the same within a stipulated time as may be fixed by this Honourable Court.

Prayer in CRL OP(MD) No.1597 of 2016:

To direct to the 2nd Respondent to register the FIR based on the petitioners complaint dated 26.10.2015 Prayer in CRL OP(MD) No.1609 of 2016:

To direct the 2nd respondent police to register an F.I.R. based on the petitioners complaint dated on 07.08.2015 Prayer in CRL OP(MD) No.1613 of 2016:

To direct the 2nd respondent to register a case against the accused on the representation dated 12.1.2016.

Prayer in CRL OP(MD) No.1616 of 2016:

To direct the 2nd and 3rd respondent to register the complaint of the petitioner dated 9.12.2015 and to investigate the same in accordance with law.

Prayer in CRL OP(MD) No.1617 of 2016:

To direct the respondent No.2 to register a case based on the petitioner complaint dated 22.12.2015 and investigate the same in accordance with law and to file a final report within a time frame fixed by this Honble Court.

For Petitioners:

: M/S.M.ERULAPPA RAJA in CRL OP(MD) No.1596 of 2016 : M/S V.MUTHUVELAN in CRL OP(MD) No.1597 of 2016 : M/S S.KIRUPA VIJAYA ANAND in CRL OP(MD) No.1609 of 2016 : M/S N.ANANDAKUMAR in CRL OP(MD) No.1613 of 2016 : M/S C.JEGANATHAN in CRL OP(MD) No.1616 of 2016 : M/S S.M.A. JINNAH in CRL OP(MD) No.1617 of 2016 For Respondents:

: MRS.S.PRABHA Government Advocate(Crl.Side) IN ALL CRL.OPs 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 /True Copy/ Sub Assistant Registrar To 1 THE COMMISSIONER OF POLICE MADURAI CITY L & O. E1 K.PUDUR POLICE STATION MADURAI 625 007 3 THE DISTRICT SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT.

4 THE INSPECTOR OF POLICE SANKARANKOVIL TOWN POLICE STATION TIRUNELVELI DISTRICT.

5 THE DISTRICT SUPERINTENDENT OF POLICE OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE VIRUDHUNAGAR.

6 THE DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR

7 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR.

8 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT DINDIGUL 9 THE INSPECTOR OF POLICE KANNIVADI POLICE STATION DINDIGUL DISTRICT 10 THE DEPUTY SUPERINTENDENT OF POLICE NILAKOTTAI DINDIGUL DISTRICT 11 THE INSPECTOR OF POLICE NILAKOTTAI POLICE STATION DINDIGUL DISTRICT 12 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT POLICE OFFICE MADURAI 13 THE INSPECTOR OF POLICE LAND GRABBING CELL, MADURAI DISTRICT POLICE OFFICE, SURVEYOR COLONY MADURAI 14 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to Mr.V.MUTHUVELAN,Advocate Sr.No. 5415 +1cc to Mr.M.ERULAPPA RAJA,Advocate Sr.No.5426 +1cc to Mr.N.ANANDAKUMAR,Advocate Sr.No.6291 MPK AA/SKS-RR/11.02.2016/4p-18c Crl.O.P.(MD)Nos.1596, 1597, 1609, 1613 1616 and 1617 of 2016 29.01.2016