← Library
Madras High CourtCRL OP(MD)/196/2016disposed of

R.Murugesan v. The Superintendent Of Police

2016-01-07Honourable Mr Justice S. Vaidyanathan4 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.196, 203, 207, 218, 219 and 223 of 2016 R.MURUGESAN ... PETITIONER in CRL OP(MD) No.196 of 2016 MURUGANANDHAM ... PETITIONER in CRL OP(MD) No.203 of 2016 P. SURESH ... PETITIONER in CRL OP(MD) No.207 of 2016 K.RAMASAMY ... PETITIONER in CRL OP(MD) No.218 of 2016 R.M.SENTHILKUMAR ... PETITIONER in CRL OP(MD) No.219 of 2016 ANNADURAI ... PETITIONER in CRL OP(MD) No.223 of 2016 -VS1 THE SUPERINTENDENT OF POLICE KARUR DISTRICT, KARUR.

2 THE INSPECTOR OF POLICE PASUPATHIPALAYAM POLICE STATION PASUPATHIPALAYAM, KARUR DISTRICT.

... RESPONDENTs in CRL OP(MD) No.196 of 2016 1 THE SUPERINTENDENT OF POLICE THANJAVUR DISTRICT.

2 THE INSPECTOR OF POLICE UMAYALPURAM POLICE STATION, KUMBAKONAM THANJAVUR DISTRICT.

... RESPONDENTs in CRL OP(MD) No.203 of 2016 1 THE SUPERINTENDENT OF POLICE TRICHY DISTRICT, TRICHY.

2 THE DEPUTY SUPERINTENDENT OF POLICE MANAPPARAI, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE VAIYAMPATTI POLICE STATION, MANAPPARAI, TRICHY DISTRICT.

... RESPONDENTs in CRL OP(MD) No.207 of 2016 1 THE ADDITIONAL DIRECTOR GENERAL OF POLICE ECONOMIC OFFENCE WING, TAMIL NADU HOUSING BOARD, III FLOOR ANNA, NAGAR CHENNAI 40 2 THE INSPECTOR OF POLICE ECONOMIC OFFENCE WING THANTHONIMALAI POST KARUR KARUR DISTRICT ... RESPONDENTs in CRL OP(MD) No.218 of 2016 1 THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

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

... RESPONDENT in CRL OP(MD) No.219 of 2016 1 THE SUPERINTENDENT OF POLICE SIVAGANGAI DIST.

2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, SIVAGANGAI DIST ... RESPONDENTsin CRL OP(MD) No.223 of 2016 Prayer in CRL OP(MD) No.196 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to the 2nd respondent to register the case as per the complaint of the petitioner dated 12.12.2015.

Prayer in CRL OP(MD) No.203 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register the case based on the complaint of the Petitioner dated 06.11.2015 and 14.12.2015 Prayer in CRL OP(MD) No.207 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 3rd respondent police to register a case upon the complaint of the petitioner dated 08.12.2015 against the accused and investigate in a proper perspective manner in accordance with law and pass such other order or orders as thsi Honourable Court Prayer in CRL OP(MD) No.218 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 1st respondent to instruct the 2nd respondent to register a case based on the complaint dated 4.2.2015.

Prayer in CRL OP(MD) No.219 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 1st respondent to instruct the 2nd respondent to register a case based on the complaint dated 18.11.2015 Prayer in CRL OP(MD) No.223 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent police to register the complaint dated 28.12.2015 preferred by the petitioner for the offence punishable under sections 406, 420, 120-B of IPC and to take action against the accused in accordance with law.

M/S S.GOKUL RAJ ... for PETITIONER in CRL OP(MD) No.196 of 2016 M/S K.G.ARUNKUMAR ... for PETITIONER in CRL OP(MD) No.203 of 2016 M/S V.A.SAMAYA VASU ... for PETITIONER in CRL OP(MD) No.207 of 2016 M/S A.K.AZAGARSAMI ... for PETITIONERin CRL OP(MD) No.218 of 2016 M/S A.K.AZAGARSAMI ... for PETITIONER in CRL OP(MD) No.219 of 2016 M/S R.GANDHI ... for PETITIONER in CRL OP(MD) No.223 of 2016

For Respondents : Mr.A.P.Balasubramani, Government Advocate(Crl.side) in all the cases 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(crl.side) /True copy/ Sub AssistantRegistrar To 1 THE SUPERINTENDENT OF POLICE KARUR DISTRICT, KARUR 2 THE INSPECTOR OF POLICE PASUPATHIPALAYAM POLICE STATION, PASUPATHIPALAYAM, KARUR DISTRICT 3 THE SUPERINTENDENT OF POLICE THANJAVUR DISTRICT

4 THE INSPECTOR OF POLICE UMAYALPURAM POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT 5 THEE SUPERINTENDENT OF POLICE TRICHY DISTRICT, TRICHY 6 THE INSPECTOR OF POLICE VAIYAMPATTI POLICE STATION, MANAPPARAI, TRICHY DISTRICT 7 THE ADDITONAL DIRECTOR GENERAL OF POLICE, ECONOMIC OFFENCE WING, TAMIL NADU HOUSING BOARD, III FLOOR, ANNA NAGAR, CHENNAI-40 8 THE INSPECTOR OF POLICE ECONOMI OFFENCE WING, THANTHONIMALAI POST, KARUR, KARUR DISTRICT 9 THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR 10 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR 11 THE SUPERINTENDENT OF POLICE SIVAGANGAI DISTRICT, SIVAGANGAI 12 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, SIVAGANGAI DISTRICT 13 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to Mr.S.Gokul Raj, Advocate SR.No.1102 +1cc to Mr.K.G.Arunkumar, Advocate SR.No.1570 +1cc to Mr.A.K.Alagarsamy, Advocate SR.No.1709 +1cc to Mr.Gandhi, Advocate SR.No.1328 sm:PM-MP:SAR I:10.2.2016:4P/18c Crl.O.P.(MD)Nos.196, 203, 207, 218, 219 and 223 of 2016 07.01.2016