Madras High CourtCRL OP(MD)/522/2016disposed of

T.M. Karthik v. The Commissioner Of Police

2016-01-22Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2016

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.522, 919, 923, 966 and 992 of 2016 T.M. KARTHIK ... PETITIONER in CRL OP(MD)No.522 of 2016 M.KRISHNAKUMARI ... PETITIONER in CRL OP(MD)No.919 of 2016 R.M.KARTHIKEYAN ... PETITIONER in CRL OP(MD)No.923 of 2016 1 SHAHUL HAMEED 2 AMEER PATHU ... PETITIONER in CRL OP(MD)No.966 of 2016 TMT.KALAISELVI@VEERAYEE ... PETITIONER in CRL OP(MD)No.992 of 2016 -VS1 THE COMMISSIONER OF POLICE, MADURAI CITY , MADURAI.

2 THE INSPECTOR OF POLICE, S.S. COLONY POLICE STATION, MADURAI. ... RESPONDENTS in CRL OP(MD)No.522 of 2016 1 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.

2 THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI. ... RESPONDENTS in CRL OP(MD)No.919 of 2016 1 THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION , DINDIGUL DISTRICT. ... RESPONDENTS in CRL OP(MD)No.923 of 2016 1 THE COMMISSIONER OF POLICE, TIRUNELVELI CITY, PALAYAMKOTTAI , TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI. ... RESPONDENTS in CRL OP(MD)No.966 of 2016 1 THE SUPERINTENDENT OF POLICE, MADURAI, MADURAI DIST.

2 THE INSPECTOR OF POLICE, KOTTAMPATTI POLICE STATION , MELUR TALUK, MADURAI DISTRICT. ... RESPONDENTS in CRL OP(MD)No.992 of 2016

Prayer in CRL OP(MD) No.522 of 2016:Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register a case on the basis of the petitioner's complaint dated 10.12.2015 in accordance with law.

Prayer in CRL OP(MD) No.919 of 2016:Criminal Original Petition filed under Section 482 Cr.P.C., to issue a direction to the respondents to register the case on the basis of the petitioner's complaint dated 09.09.2015 and further direct them to investigate the matter in accordance with law.

Prayer in CRL OP(MD) No.923 of 2016:Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent police to register the case in pursuant to the complaint of the petitioner dated 7.4.2014 on the file of the 2nd respondent and investigate the same. Prayer in CRL OP(MD) No.966 of 2016:Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent police to register FIR on the basis of the petitioner's complaint dated 23.12.2015. Prayer in CRL OP(MD) No.992 of 2016:Criminal Original Petition filed under Section 482 Cr.P.C., to directing the 2nd respondent to register the case on the basis of the complaint was given by the petitioner dated 10.10.2015 and investigate the same and file a final report in accordance with law.

For Petitioner : Mr.P.R.Prithiviraj, in Crl.OP(MD)No.522/2016 : Mr.L.George Paul Anto, in Crl.OP(MD)No.919/2016 : Mr.K.Suresh Kumar, in Crl.OP(MD)No.923/2016 : Mr.M.P.Senthil, in Crl.OP(MD)No.966/2016 : Mr.S.J.Chakkaravarthy, in Crl.OP(MD)No.992/2016 For Respondents : Mr.A.P.Balasubramani Govt.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.TheGovernment 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 1 THE COMMISSIONER OF POLICE, MADURAI CITY , MADURAI. 2 THE COMMISSIONER OF POLICE, TIRUNELVELI CITY, PALAYAMKOTTAI , TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT. 4 THE SUPERINTENDENT OF POLICE, MADURAI, MADURAI DISTRICT. 5 THE INSPECTOR OF POLICE, S.S. COLONY POLICE STATION, MADURAI. 6 THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI. 7 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION , DINDIGUL DISTRICT 8 THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI. 9 THE INSPECTOR OF POLICE, KOTTAMPATTI POLICE STATION , MELUR TALUK, MADURAI DISTRICT.

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

+one cc to Mr.L.George Paul Anto, Advocate in SR.No.3710 +one cc to Mr.K.Suresh Kumar, Advocate in SR.No.4164 +one cc to Mr.M.P.Senthil, Advocate in SR.NO.3920 +one cc to Mr.S.J.Chakkaravarthy, Advocate in SR.No.4042 +one cc to Mr.P.R.Prithiviraj, Advocate in SR.No.3917 MPK CSL/GSV-AN/SAR-I/11.02.2016/3P/16C Crl.O.P.(MD)Nos.522, 919, 923, 966 and 992 of 2016 22.01.2016