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Madras High CourtCRL OP(MD)/711/2016disposed of

Mamathy v. The Superintendent Of Police

2016-01-18Honourable Mr Justice S. Vaidyanathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2016

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.711, 724, 725, 739, 755 and 773 of 2016 MAMATHY ... PETITIONER in CRL OP(MD) No.711 of 2016 K.P. VELUSAMY ... PETITIONER in CRL OP(MD) No.724 of 2016 V. ROSY SELVARANI ... PETITIONER in CRL OP(MD) No.725 of 2016 G. RAMAMOORTHY ... PETITIONER in CRL OP(MD) No.739 of 2016 G.SARAVANAKUMAR ... PETITIONER in CRL OP(MD) No.755 of 2016 S.SUBBIAH ... PETITIONER in CRL OP(MD) No.773 of 2016 -VS1 THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT.

2 THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.711 of 2016 1 THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT, DINDIGUL.

2 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT. ... RESPONDENTS in CRL OP(MD) No.724 of 2016 1 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT. ... RESPONDENTS in CRL OP(MD) No.725 of 2016 1 THE SUPERINTENDENT OF POLICE, SIVAGANGAI, SIVAGANGAI DISTRICT.

2 THE INSPECTOR OF POLICE, THIRUKOSTIYUR, SIVAGANGAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.739 of 2016 1 THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT.

2 THE INSPECTOR OF POLICE, THIRUMANGALAM POLICE STATION, MADURAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.755 of 2016 1 THE INSPECTOR OF POLICE, MANUR POLICE STATION, TIRUNELVELI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.773 of 2016 Prayer in CRL OP(MD) No.711 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent police to register a case on the

complaint of the petitioner dated 23.12.2015 and pass any order as this court may deem fit and proper to this circumstances to the case. Prayer in CRL OP(MD) No.724 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to pass an order to direct the 2nd respondent to register the petitioners complaint dated 12.12.2015 and investigate the same in accordance with law.

Prayer in CRL OP(MD) No.725 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 2nd respondent to register the Petitioners complaint dated 31.08.2015 on the file of the 2nd respondent police and to investigate the same in accordance with law and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

Prayer in CRL OP(MD) No.739 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 2nd respondent to register the Petitioners complaint dated 21.12.2015 on the file of the respondents police and to investigate the same in accordance with law and pass such further or other orders as this court may deem fit and proper in the circumstances of the case.

Prayer in CRL OP(MD) No.755 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to directing the respondents to register the FIR on basis of the complaint of the petitioner dated 11.12.2015 and pass such further or other orders as this court may deem fit and proper in the circumstances of the case.

Prayer in CRL OP(MD) No.773 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents to register the case on the petitioners complaint dated 26.11.2015 and enquire the same. Counsel for Petitioner : Mr.T.A.Ebenezer in Crl.O.P(MD)No.711/2016 Counsel for Petitioner : M/S.M.Benazir Begum in Crl.O.P(MD)No.724/2016 Counsel for Petitioner : Mr.R.Prabu Ramachandran in Crl.O.P(MD)No.725/2016 Counsel for Petitioner : Mr.C.Vetrian in Crl.O.P(MD)No.739/2016 Counsel for Petitioner : Mr.R.Manoharan in Crl.O.P(MD)No.755/2016 Counsel for Petitioner : Mr.K.Esakki in Crl.O.P(MD)No.773/2016 Counsel for Respondents : Mrs.S.Prabha Govt.Advocate (crl.side) in all Crl.O.Ps

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 /True Copy/ Sub Assistant Registrar To

1. THE SUPERINTENDENT OF POLICE MADURAI DISTRICT

2. THE INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, MADURAI DISTRICT

3. THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT, DINDIGUL.

4. THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT.

5. THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT.

6. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.

7. THE SUPERINTENDENT OF POLICE, SIVAGANGAI, SIVAGANGAI DISTRICT.

8. THE INSPECTOR OF POLICE, THIRUKOSTIYUR, SIVAGANGAI DISTRICT.

9. THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT.

10. THE INSPECTOR OF POLICE, THIRUMANGALAM POLICE STATION, MADURAI DISTRICT.

11. THE INSPECTOR OF POLICE, MANUR POLICE STATION, TIRUNELVELI DISTRICT.

12. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1cc to Mr.T.A.Ebenezer, Advocate SR.No.2479 +1cc to Mr.R.Prabu Ramachandran, Advocate SR.No.2478 +1cc to Mr.C.Vetrian, Advocate SR.No.2570 +1cc to Mr.K.Esakki, Advocate SR.No.2619 Crl.O.P.(MD)Nos.711, 724, 725, 739, 755 and 773 of 2016 18.01.2016 MPK NS/AAL-MPA/05.02.2016 : 4P/17C