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Madras High CourtCRL OP(MD)/4237/2016closed

M.Ramachandran v. The Superintendent Of Police

2016-04-11Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) Nos.4237, 4238, 4239, 4240 and 4241 of 2016 M.Ramachandran ... Petitioner IN CRL.OP(MD)No.4237/2016 Arikrishnan ... Petitioner IN CRL.OP(MD)No.4238/2016 K.Muneeswara Pandi ... Petitioner IN CRL.OP(MD)No.4239/2016 S.Nagaraj ... Petitioner IN CRL.OP(MD)No.4240/2016 vs.

1. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Assistant Superintendent of Police, Virudhunagar District, Virudhunagar.

3. The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

... Respondents IN Crl.O.P.(MD) Nos.4237 to 4240/2016 PRAYER in Crl.O.P.(MD) Nos.4237 to 4240 of 2016: This petition is filed under Section 482 Cr.P.C., to direct the 3rd respondent to register the F.I.R. on the basis of petitioners complaint dated on 20.01.2016 made before the 1st respondent. S.Packiaraj ... Petitioner IN CRL.OP(MD)No.4241/2016 Vs

1. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Deputy Superintendent of Police, Virudhunagar District, Virudhunagar.

3. The Inspector of Police, District Crime Branch, Virudhunagar. ... Respondents IN CRL.OP(MD)No.4241/2016

Prayer in CRL OP(MD). 4241/ 2016 :

This Petition is filed under Section 482 of Cr.PC to direct the 3rd respondent to register the F.I.R. on the basis of petitioners complaint dated on 04.02.2016 made before the 1st respondent. For Petitioner : Mr.J.Jeyakumaran (in all CRL.OPs) For Respondents : Mr.K.V.Rajarajan, G.A.(Crl.Side) (in all CRL.OPs) COMMON ORDER The petitioners have filed these criminal original petitions, under Section 482 of the Code of Criminal Procedure, seeking direction upon the third respondent to register a case, based on their complaints, dated 20.01.2016 and 04.02.2016 respectively.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondents.

3. When these criminal original petitions were taken up for hearing, the learned Government Advocate (Criminal Side) submitted that on the complaint lodged by one Sankara Subramanian, the Economic Offences WingII, Madurai, has already registered a case, in Crime No.01 of 2016, on 06.01.2016, for the offences under Sections 406, 420, 120(B) I.P.C., and Section 5 of T.N.P.I.D.Act, 1997, against Parivar Dairies and Allied Limited and PDA Foundation and others. The grievance of the petitioners herein is also against Parivar Dairies and Allied Limited and PDA Foundation and others.

4. In view of the submission of the learned Government Advocate (Criminal Side), this Court is of the view that since already a case has been registered against Parivar Dairies and Allied Limited and PDA Foundation and others, it is not necessary to give direction to the respondent Police to register second F.I.R., against the said accused. On the contrary, the statement of the petitioners can be recorded under Section 161 Cr.P.C., and they can be examined as additional witnesses in Crime No.01 of 2016, on the file of the Economic Offences Wing-II, Madurai.

5. With the above directions, all these criminal original petitions are disposed of.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar

To

1. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Assistant Superintendent of Police, Virudhunagar District, Virudhunagar.

3. The Deputy Superintendent of Police, Virudhunagar District, Virudhunagar.

4. The Inspector of Police, District Crime Branch, Virudhunagar.

5. The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 5 CC TO MR.J.JEYAKUMARAN, ADVOCATE IN SR NO. 20152/16 KRK TE/AN-MP/ : 22/04/2016 : 2P/12C Crl.O.P.(MD) Nos.4237, 4238, 4239, 4240 and 11.04.2016