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Madras High CourtCRL OP(MD)/172/2016disposed of

Pandi v. The Superintendent Of Police

2016-01-07Honourable Mr Justice S. Vaidyanathan3 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.172, 178, 187, 188, 191 and 194 of 2016 PANDI ... Petitioner in CRL OP(MD). 172/ 2016 P. KALAIVANI ... Petitioner in CRL OP(MD). 178/ 2016 MOHAN ... Petitioner in CRL OP(MD). 187/ 2016 Y. CHITHAMBARASELVI ... Petitioner in CRL OP(MD). 188/ 2016 M.G.ANANDKUMAR ... Petitioner in CRL OP(MD). 191/ 2016 D.VIJAYMOORTHI ... Petitioner in CRL OP(MD). 194/ 2016 - Vs. - 1 THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT 2 THE INSPECTOR OF POLICE, AUSTINPATTI POLICE STATION, MADURAI DISTRICT ... Respondents in CRL OP(MD). 172/ 2016 1 THE SUPERINTENDENT OF POLICE, TRICHY DISTRICT, TRICHY.

2 THE INSPECTOR OF POLICE, VAIYAMPATTI POLICE STATION, TRICHY DISTRICT.

... Respondents in CRL OP(MD). 178/ 2016 1 THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, TRICHY DISTRICT 2 THE INSPECTOR OF POLICE, KALLAKUDI POLICE STATION, KALLAKUDI, TRICHY DISTRICT ... Respondents in CRL OP(MD). 187/ 2016 1 THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TENKASI, TIRUNELVELI DISTRICT.

... Respondents in CRL OP(MD). 188/ 2016 1 THE INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DISTRICT ... Respondent in CRL OP(MD). 191/ 2016 1 THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, PUDUKKOTTAI DISTRICT 2 THE INSPECTOR OF POLICE, MANDAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT ... Respondents in CRL OP(MD). 194/ 2016

Prayer in CRL OP(MD) 172/2016: Criminal Original Petition filed under Section 482 Cr.P.C., directing the 2nd respondent to register a a case against the accused on the complaint dated 13.12.2015. Prayer in CRL OP(MD). 178/ 2016 :

To direct the Inspector of Police, Vaiyampatti Police Station, Trichy District, the 2nd Respondent herein to register the Petitioners complaint dated 15.12.2015 as an F. I.R within the stipulated period as prescribed by this Honourable Court and pass such any further or other order as this Honourable Court.

Prayer in CRL OP(MD). 187/ 2016 :

To direct the 2nd respondent to register a case against the accused on the complaint dated 1.12.2015.

Prayer in CRL OP(MD). 188/ 2016 :

To issue appropriate direction to the 2nd respondent to register the case on the basis of the complaint lodged by the petitioner on 17.12.2015 and investigate the same in accordance with law and pass such further or other orders as this Honourable Court Prayer in CRL OP(MD). 191/ 2016 :

To direct the respondent to register a case on the complaint of the petitioner dated 28.12.2015.

Prayer in CRL OP(MD). 194/ 2016 :

To direct the 2nd respondent to register a case against the accused on the complaint dated 21.11.2015.

For Petitioner : Mr.T.Vadivelan, Advocate in Crl.OP(MD)Nos. 172/16, 187/16, 194/16 : Mr.S.M.Anantha Murugan, Advocate in Crl.OP(MD)No.178/16 : Mr.M.Mahendran, Advocate in Crl OP(MD)No.188/16 : Mr.P.Mahendran, Advocate in Crl OP(MD)No.191/16 For Respondents : Mr.A.P.Balasubramani, Government Advocate 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.

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(R) /True Copy/ Sub Assistant Registrar.

To 1 THE SUPERINTENDENT OF POLICE,TRICHY DISTRICT, TRICHY. 2 THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, AUSTINPATTI POLICE STATION, MADURAI DISTRICT 4 THE INSPECTOR OF POLICE,VAIYAMPATTI POLICE STATION,TRICHY DISTRICT. 5 THE INSPECTOR OF POLICE,KALLAKUDI POLICE STATION, KALLAKUDI, TRICHY DISTRICT 6 THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT. 7 THE INSPECTOR OF POLICE,ALL WOMEN POLICE STATION, TENKASI, TIRUNELVELI DISTRICT.

8 THE INSPECTOR OF POLICE,UTHAMAPALAYAM POLICE STATION, THENI DISTRICT 9 THE SUPERINTENDENT OF POLICE,OFFICE OF THE SUPERINTENDENT OF POLICE, PUDUKKOTTAI DISTRICT 10 THE INSPECTOR OF POLICE,MANDAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT 11 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+3CC to Mr.T.Vadivelan, Advocate, SR.No. 1120.1121,1122 +1CC to Mr.M.Mahendran, Advocate, SR.No. 1599 +1CC to Mr.P.Mahendran, Advocate, SR.No. 1022 +1CC to Mr.S.M.Anantha Murugan, Advocate, SR.No. 1293 Crl.O.P.(MD)Nos.172, 178, 187, 188, 191 and 194 of 2016 07.01.2016 AM/02.02.2016/NGM.SS/3P/18C