Madras High CourtCRL OP(MD)/824/2016disposed of

G. Dinesh v. The Superintendent Of Police

2016-01-19Honourable Mr Justice S. Vaidyanathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2016

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.824, 827, 830, 858, 860 and 862 of 2016 G. DINESH ... PETITIONER in CRL OP(MD) No.824 of 2016 S. CHITRA ... PETITIONER in CRL OP(MD) No.827 of 2016 ANGEESHWARAN ... PETITIONER in CRL OP(MD) No.830 of 2016 A.ROSELIN KAMALA DEVI ... PETITIONER in CRL OP(MD) No.858 of 2016 A.MAHABOOBKHAN GORI ... PETITIONER in CRL OP(MD) No.860 of 2016 G.KARUPPASAMY ... PETITIONER in CRL OP(MD) No.862 of 2016 -VS- SIVAGANGAI DISTRICT, SIVAGANGAI.

S.V.MANGALAM POLICE STATION, SIVAGANGAI DISTRICT.

... RESPONDENTS in CRL OP(MD) No.824 of 2016 1 THE DISTRICT SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT, TIRUNELVELI ALL WOMEN POLICE STATION, ALLANGULAM, TIRUNELVELI.

... RESPONDENTS in CRL OP(MD) No.827 of 2016 DINDIGUL DISTRICT, DINDIGUL.

2 THE DEPUTY SUPERINTENDENT OF POLICE, (RURAL) ROUND ROAD DINDIGUL, DINDIGUL DISTRICT. 3 THE SUB INSPECTOR OF POLICE, CHINNALAPATTI POLICE STATION, DINDIGUL DISTRICT.

... RESPONDENTS in CRL OP(MD) No.830 of 2016

O/O. THE SUPERINTENDENT OF POLICE, TIRUNELVELI DIST.

VALLIYOOR POLICE STATION,VALLIYOOR, TIRUNELVELI DIST.

... RESPONDENTS in CRL OP(MD) No.858 of 2016 MADURAI, MADURAI DISTRICT APPAN THIRUPATHI POLICE STATION, MADURAI DISTRICT ... RESPONDENTS in CRL OP(MD) No.860 of 2016 VIRUDHUNAGAR DIST, VIRUDHUNAGAR.

VACHUKARAPATTI POLICE STATION, VIRUDHUNAGAR DIST.

3 THE SUB INSPECTOR OF POLICE, VACHUKARAPATTI POLICE STATION, VIRUDHUNAGAR DIST.

... RESPONDENTS in CRL OP(MD) No.862 of 2016 Prayer in CRL OP(MD) No.824 of 2016:

Petition is filed under Section 482 of Cr.P.C. Praying to direct the 2nd respondent to register the case on the basis of the petitioners complaint dated 03.01.2016 and pass such further or other orders as this Honourable Court .

Prayer in CRL OP(MD) No.827 of 2016:

Petition is filed under Section 482 of Cr.P.C. Praying to direct the respondent to register the complaint of the Petitioner dated 22.12.2015 and pass such further or other orders as this Honourable Court .

Prayer in CRL OP(MD) No.830 of 2016:

Petition is filed under Section 482 of Cr.P.C. Praying to direct the 3rd Respondent herein to register a case on the basis of the complaint given by the petitioner dated 2.1.2016 and to investigate to file a final report within a stipulated time as fixed by this Honourable Court

Prayer in CRL OP(MD) No.858 of 2016:

Petition is filed under Section 482 of Cr.P.C. Praying to direct the respondent No.2 to register the case on the petitioners complaint dated 14.12.2015 and proceed with the same as per law within the time frame fixed by this Honble Court. Prayer in CRL OP(MD) No.860 of 2016:

Petition is filed under Section 482 of Cr.P.C. Praying to direct the 2nd respondent police to register the case against the accused on the basis of the complaint given by the petitioner dated 31/01/2014 and take action in accordance with law Prayer in CRL OP(MD) No.862 of 2016:

Petition is filed under Section 482 of Cr.P.C. Praying to direct the 3rd respondent to register the complaint of the petitioner dated 04.01.2016 against the proposed accused and proceed the same as per law within a stipulated time that may be fixed by this Honble Court.

For Petitioners:

: M/S D.RAMESHKUMAR in CRL OP(MD) No.824 of 2016 : M/S A.SIVASUBRAMANIAN in CRL OP(MD) No.827 of 2016 : M/S A.R.KANNAPPAN in CRL OP(MD) No.830 of 2016 : M/S T.LAJAPATHI ROY in CRL OP(MD) No.858 of 2016 : M/S D.SADIQ RAJA in CRL OP(MD) No.860 of 2016 : M/S R.PANDI MAHARAJA in CRL OP(MD) No.862 of 2016 For Respondents:

: MR.A.P.BALASUBRAMANI Government Advocate(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 Government Advocate (Crl.side) appearing for the respondent Police on instruction 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 complaint 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. Before taking a decision in one way or the other, the complainants should be heard. 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 SIVAGANGAI DISTRICT, SIVAGANGAI.

S.V.MANGALAM POLICE STATION, SIVAGANGAI DISTRICT.

3 THE DISTRICT SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT, TIRUNELVELI 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALLANGULAM, TIRUNELVELI.

5 THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT, DINDIGUL.

6 THE DEPUTY SUPERINTENDENT OF POLICE, (RURAL) ROUND ROAD DINDIGUL, DINDIGUL DISTRICT. 7 THE SUB INSPECTOR OF POLICE, CHINNALAPATTI POLICE STATION, DINDIGUL DISTRICT.

8 THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION,VALLIYOOR, TIRUNELVELI DIST.

9 THE SUPERINTENDENT OF POLICE, MADURAI, MADURAI DISTRICT 10 THE INSPECTOR OF POLICE, APPAN THIRUPATHI POLICE STATION, MADURAI DISTRICT 11 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DIST, VIRUDHUNAGAR.

12 THE INSPECTOR OF POLICE, VACHUKARAPATTI POLICE STATION, VIRUDHUNAGAR DIST.

13 THE SUB INSPECTOR OF POLICE, VACHUKARAPATTI POLICE STATION, VIRUDHUNAGAR DIST.

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

+1cc to Mr.D.Ramesh Kumar, Advocate Sr.No.3022 +1cc to Mr.A.Sivasubramanian, Advocate Sr.No.2638 +1cc to Mr.A.R.Kannappan, Advocate Sr.No.2751 +1cc to Mr.R.Pandi Maharaja,Advocate Sr.No.2670 rr AA/NGM-SS/SAR-II/29.01.2016/5p-19c Crl.O.P.(MD)Nos.824, 827, 830, 858, 860 and 862 of 2016 19.01.2016