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Madras High CourtCRL OP(MD)/247/2016disposed of

Srirenga Nayakkar 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.247, 248, 250, 253/2016 24029 and 24415 of 2015 SRIRENGA NAYAKKAR ... PETITIONER in CRL OP(MD) No.247 of 2016 RAJAIAH ... PETITIONER in CRL OP(MD) No.248 of 2016 S.KRISHNAVENI ... PETITIONER in CRL OP(MD) No.250 of 2016 K.KANAGARAJ ... PETITIONER in CRL OP(MD) No.253 of 2016 G. CHELLACHAMY ... PETITIONER in CRL OP(MD) No.24029 of 2015 V.MARIAPPAN ... PETITIONER in CRL OP(MD) No.24415 of 2015 -VS1 THE SUPERINTENDENT OF POLICE THENI DISTRICT THENI.

... R1 in CRL OP(MD) No.247,248,250 of 2016 2 THE INSPECTOR OF POLICE VEERAPANDI POLICE STATION THENI DISTRICT ... R2 in CRL OP(MD) No.247 of 2016 2 THE INSPECTOR OF POLICE CINNAMANUR POLICE STATION THENI DISTRICT ... R2 in CRL OP(MD) No.248 of 2016 2 THE INSPECTOR OF POLICE ALLINAGARAM POLICE STATION THENI TALUK THENI DISTRICT ... R1 in CRL OP(MD) No.250 of 2016 1 THE SUPERINTENDENT OF POLICE KARUR DISTRICT KARUR 2 THE INSPECTOR OF POLICE PASUPATHIPALAYAM POLICE STATION PASUPATHIPALAYAM KARUR DISTIRCT ... RESPONDENTs in CRL OP(MD) No.253 of 2016 1 THE COMMISSIONER OF POLICE MADURAI CITY MADURAI.

2 THE INSPECTOR OF POLICE C2 SUBRAMANIAPURAM POLICE STATION MADURAI CITY MADURAI.

... RESPONDENTs in CRL OP(MD) No.24029 of 2015

1 THE SUPERINTENDENT OF POLICE VIRUTHUNAGAR DISTRICT 2 THE SUB INSPECTOR OF POLICE TOWN POLICE STATION(CRIME) SRIVILLIPUTHUR VIRUDHUNAGAR ... RESPONDENTs in CRL OP(MD) No.24415 of 2015 Prayer in CRL OP(MD) No.247 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 2nd Respondent, to register the case on the basis of the complaint dated 28.12.2015 and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case. Prayer in CRL OP(MD) No.248 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 2nd respondent to register FIR on the basis of the complaint dated 12.11.2015 Prayer in CRL OP(MD) No.250 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 1st respondent to instruct the 2nd respondent to register the FIR on the basis of the petitioners complaint dated 27.11.2015. Prayer in CRL OP(MD) No.253 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 2nd respondent to register the case as per the complaint of the petitioner dated 2.1.2015.

Prayer in CRL OP(MD) No.24029 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 2nd respondent to register the petitioners complaint dated 01.12.2015 and to investigate the same in accordance with law. Prayer in CRL OP(MD) No.24415 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 2nd respondent to register the complaint dated 4.12.2015 investigate into the case in accordance with law and file final report within a reasonable time.

M/S S.RAMESH BABU ... for PETITIONER in CRL OP(MD) No.247 of 2016 M/S D.VENKATESH ... for PETITIONER in CRL OP(MD) No.248 of 2016 M/S R.SHANKAR GANESH ... for PETITIONER in CRL OP(MD) No.250 of 2016 M/S S.GOKUL RAJ ... for PETITIONER in CRL OP(MD) No.253 of 2016 M/S A.RAHUL ... for PETITIONER in CRL OP(MD) No.24029 of 2015 M/S K.APPADURAI ... for PETITIONER in CRL OP(MD) No.24415 of 2015 For Respondents : Mr.A.P.Balasubramani, G.A.(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.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(Writs) /True copy/ Sub AssistantRegistrar To

1. THE SUPERINTENDENT OF POLICE THENI DISTRICT, THENI.

2. THE INSPECTOR OF POLICE VEERAPANDI POLICE STATION, THENI DISTRICT.

3. THE INSEPECTOR OF POLICE CHINNAMANUR POLICE STATION, THENI

4. THE INSEPECTOR OF POLICE ALLINAGARAM POLICE STATION, THENI TALUK,THENI DISTRICT

5. THE SUPERINTENDENT OF POLICE, KARUR DISTRICT, KARUR

6. THE INSEPECTOR OF POLICE PASUPATHIPALAYAM POLICE STATION, PASUPATHIPALAYAM, KARUR DISTRICT

7. THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI

8. THE INSEPECTOR OF POLICE C2-SUBRAMANIAPURAM POLICE STATION, MADURAI CITY, MADURAI

9. THE SUPERINTENDENT OF POLICE VIRUDHUNAGAR DISTRICT

10. THE SUB INSPECTOR OF POLICE TOWN POLICE STATION(CRIME) SRIVILLIPUTHUR, VIRUDHUNAGAR 11.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1cc to Mr.R.Shankar Ganesh, Advocate SR.No.1140/16 +1cc to Mr.S.Gokulraj, Advocate SR.No.1104/16 +1cc to Mr.K.Appadurai, Advocate SR.No.1150 +1cc to Mr.A.Rahul, Advocate SR.No.1543 +1cc to Mr.S.Ramesh Babu, Advocate SR.NO.1650 +1cc to Mr.D.Venkatesh, Advocate SR.No.1235 sm:AAL-MPA:1.2.2016:4p/18c Crl.O.P.(MD)Nos.247, 248, 250, 253,/2016 24029 and 24415 of 2015 07.01.2016