← Library
Madras High CourtCRL OP(MD)/1619/2016disposed of

V. Ramasamy v. The Superintendent Of Police

2016-01-29Honourable Mr Justice S. Vaidyanathan4 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.1619, 1620, 1621,1624 1644 and 1645 of 2016 V.RAMASAMY ...PETITIONER in CRL.OP(MD)No.1619 of 2016 THANGAPANDIAN ...PETITIONER in CRL.OP(MD)No.1620 of 2016 THIRUVENKATARAJULU ...PETITIONER in CRL.OP(MD)No.1621 of 2016 V.TAMILSELVI ...PETITIONER in CRL.OP(MD)No.1624 of 2016 A.MURUGAN ...PETITIONER in CRL.OP(MD) No.1644 of 2016 MUTHAMMAL ... PETITIONER in CRL.OP(MD) No.1645 of 2016 -VS1 THE SUPERINTENDENT OF POLICE THANJAVUR DISTRICT, THANJAVUR.

2 THE INSPECTOR OF POLICE TAMIL UNIVERSITY POLICE STATION, THANJAVUR DISTRICT , THANJAVUR.

...RESPONDENTS in CRL.OP(MD)No.1619 of 2016 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT, DINDUGAL 2 THE INSPECTOR OF POLICE ERIODU POLICE STATION, ERIODU, DINDIGUL DISTRICT 3 THANGA 4 MANOHARAN 5 KUMARASAMY 6 MURUGANANDHAM ...RESPONDENTS in CRL.OP(MD)No.1620 of 2016 THE INSPECTOR OF POLICE EAST POLICE STATION, KOVILPATTI THOOTHUKUDI DISTRICT.

... RESPONDENT in CRL.OP(MD).No.1621 of 2016 1 THE COMMISSIONER OF POLICE TIRUNELVELI CITY POLICE, TIRUNELVELI.

2 THE SUB INSPECTOR OF POLICE PETTAI POLICE STATION, PETTAI , TIRUNELVELI CITY.

... RESPONDENTS in CRL.OP(MD)No.1624 of 2016

1 THE COMMISSIONER OF POLICE TIRUNELVELI CITY, TIRUNELVELI 2 THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI ... RESPONDENTS in CRL.OP(MD)No.1644 of 2016 1 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DISTRICT.

... RESPONDENTS in CRL.OP(MD) No.1645 of 2016 Prayer in CRL OP(MD) No.1619 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., directing the 2nd Respondent to register the case on the basis of the complaint given by the Petitioner dated 11.01.2016 and consequently direct the 1st Respondent to Supervise the investigation.

Prayer in CRL OP(MD) No.1620 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., directing the second respondent to register the case on the basis of the petitioner complaint dated 17.12.2015 against the proposed accused, amely 1.Thanga 2.Manoharan 3.Kumarasamy 4.Muruganandham and six of his hencemen and investigate the matter. Prayer in CRL OP(MD) No.1621 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., directing the respondent to register a case based on the complaint preferred by the Petitioner dated 12.01.2016 pending in CSR No. 15 of 2016, on the file of Respondent .

Prayer in CRL OP(MD) No.1624 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., directing the 2nd respondent to register the case on the petitioners complaint dated 24.11.2015.

Prayer in CRL OP(MD) No.1644 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., directing the 2nd respondent to register a case upon the complaint of the petitioner dated 23.9.2015.

Prayer in CRL OP(MD) No.1645 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., directing the 2nd respondent to register a FIR on the complaint

of the petitioner dated 02.01.2016 received by the 2nd respondent on 04.01.2016 M/S.S.VENKATESAN ...Counsel for PETITIONER in CRL.OP(MD)No.1619 of 2016 M/S.A.HARIHARAN ...Counsel for PETITIONER in CRL.OP(MD) No.1620 of 2016 M/S.S.CHELLAPANDIAN ...Counsel for PETITIONER in CRL.OP(MD) No.1621 of 2016 M/S T.SELVAN ...Counsel for PETITIONER in CRL.OP(MD) No.1624 of 2016 M/S.R.ARAVIND RAJ ...Counsel for PETITIONER in CRL.OP(MD) No.1644 of 2016 M/S.D.VENKATESH ...Counsel for PETITIONER in CRL.OP(MD) No.1645 of 2016 For Respondents : Mrs.S.Prabha 1&2 in all the Petitions Govt.Advocate (crl.side) and Respondent in Crl.OP(MD)No.1621/2016 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 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 1.THE SUPERINTENDENT OF POLICE, THANJAVUR DISTRICT, THANJAVUR.

2.THE INSPECTOR OF POLICE, TAMIL UNIVERSITY POLICE STATION, THANJAVUR DISTRICT, THANJAVUR.

3.THE SUPERINTENDENT OF POLICE , DINDIGUL DISTRICT, DINDUGAL 4.THE INSPECTOR OF POLICE , ERIODU POLICE STATION, ERIODU, DINDIGUL DISTRICT 5.THE INSPECTOR OF POLICE, EAST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT.

6.THE COMMISSIONER OF POLICE, TIRUNELVELI CITY POLICE, TIRUNELVELI.

7.THE SUB INSPECTOR OF POLICE PETTAI POLICE STATION, PETTAI , TIRUNELVELI CITY. 8.THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUNELVELI 9.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DISTRICT.

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

+One cc to M/s.S.Venkatesan, Advocate, SR.No.5360 +One cc to M/s.A.Hariharan, Advocate, SR.No.5427 +One cc to M/s.S.Chellapandian, Advocate, SR.No.5442 +One cc to M/s.T.Selvan, Advocate, SR.No.5447 +One cc to M/s.R.Aravind Raj, Advocate, SR.No.5922 +One cc to M/s.D.Venkatesh, Advocate, SR.No.6474 MPK RL/17C/AAL/MPA/11/2/2016 Crl.O.P.(MD)Nos.1619, 1620, 1621,1624 1644 and 1645 of 2016 29.01.2016