Madras High CourtCRL OP(MD)/870/2016disposed of

P. Kandhasamy v. The Inspector Of Police

2016-01-29Honourable Mr Justice S. Vaidyanathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2016

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.870, 1151, 1174, 1179, 1375 and 1245 of 2016 P. KANDHASAMY ... PETITIONER in CRL OP(MD)No.870 of 2016 P. VIJAYALJEGAJOTHI ... PETITIONER in CRL OP(MD)No.1151 of 2016 J.GODWIN JELS ... PETITIONER in CRL OP(MD)No.1174 of 2016 P. RAVIKUMAR ... PETITIONER in CRL OP(MD)No.1179 of 2016 A.UMMAR JAFAR ALI ... PETITIONER in CRL OP(MD)No.1375 of 2016 P. RAMASAMY ... PETITIONER in CRL OP(MD)No.1245 of 2016 -VS1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT MADURAI.

2 THE INSPECTOR OF POLICE THIRUMANGALAM TALUK POLICE STATION THIRUMANGALAM, MADURAI DISTRICT ... RESPONDENTS in CRL OP(MD)No.870 of 2016 1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT MADURAI.

2 THE INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT. ... RESPONDENTS in CRL OP(MD)No.1151 of 2016 1 THE SUPERINTENDENT OF POLICE, THOOTHUKUDI DISTRICT, THOOTHUKUDI.

2 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI. ... RESPONDENTS in CRL OP(MD)No.1174 of 2016 1 THE SUPERINTENDENT OF POLICE, KARUR.

2 THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR. ... RESPONDENTS in CRL OP(MD)No.1179 of 2016 1 THE DIRECTOR GENERAL OF POLICE, BEACH ROAD, CHENNAI.

2 THE DEPUTY INSPECTOR GENERAL OF POLICE, DIG OFFICE , TVS TOLLGATE, TRICHY.

3 THE SUPERINTENDENT OF POLICE, TRICHY DISTRICT, TRICHY.

4 THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, OFFICE OF SUPERINTENDENT OF POLICE , TRICHY 5 THE DEPUTY SUPERINTENDENT OF POLICE, ANTI LAND GRABBING WING, OFFICE OF SUPERINTENDENT OF POLICE, TRICHY.

6 THE INSPECTOR OF POLICE, ANTI LAND GRABBING WING , OFFICE OF SUPERINTENDENT OF POLICE, TRICHY DISTRICT. ... RESPONDENTS in CRL OP(MD)No.1375 of 2016 1 THE SUPERINTENDENT OF POLICE KARUR DISTRICT KARUR.

2 THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT. RESPONDENTS in CRL OP(MD)No.1245 of 2016 Prayer in CRL OP(MD) No.870 of 2016:Criminal Original Petition filed under Section 482 Cr.P.C., seeking for a direction, to direct the 2nd respondent to register the complaint of the petitioner dated 19.12.2015 against the proposed accused and proceed the same as per law within a stipulated time that may be fixed by this Honourable Court . Prayer in CRL OP(MD) No.1151 of 2016:Criminal Original Petition filed under Section 482 Cr.P.C.,seeking for a direction, to direct the 2nd respondent to register the F.I.R. on the basis of petitioner's complaint dated on 04.01.2016, made before the 1st respondent and pass such further or other orders as such this Honourable Court. Prayer in CRL OP(MD) No.

1174 of 2016:Criminal Original Petition filed under Section 482 Cr.P.C.,seeking for a direction,to direct the 2nd respondent police to register a FIR based on the petitioner's complaint dated 4.1.2016 and investigate the same in accordance with law. Prayer in CRL OP(MD) No.1179 of 2016:Criminal Original Petition filed under Section 482 Cr.P.C.,seeking for a direction,to direct the 2nd respondent police to register a case on the basis of the petitioner's complaint dated 07.08.2015 Prayer in CRL OP(MD) No.1375 of 2016:Criminal Original Petition filed under Section 482 Cr.P.C.,seeking for a direction,to direct the 6th respondent to register a case on the basis of the petitioner's complaint dated 12.10.2015 and to take appropriate action as against the proposed accused persons within the time stipulated by this Honourable Court.

Prayer in CRL OP(MD) No.1245 of 2016:Criminal Original Petition filed

under Section 482 Cr.P.C.,seeking for a direction,to direct the 2nd Respondent to register a case/F.I.R on the complaint given by the Petitioner dated 30.12.2015 and investigate into the case and pass any such orders of this Honourable Court may deem fit and proper in the circumstances and thus render justice.

For Petitioner : Mr.R.Pandi Maharaja, in Crl.OP(MD)No.870/2016 : Mr.J.Jeyakumaran, in Crl.OP(MD)No.1151/2016 : Mr.S.Kirupa Vijay Anand, in Crl.OP(MD)No.1174/2016 : Mr.Devaraj Mahesh, in Crl.OP(MD)No.1179/2016 : Mr.M.R.Sreenivasan, in Crl.OP(MD)No.1375/2016 : Mr.S.Karthik, in Crl.OP(MD)No.1245/2016 For Respondents : Mrs.S.Prabha Govt.Advocate (crl.side)in all 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.The 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 /True copy/ Sub Assistant Registrar TO 1 THE DIRECTOR GENERAL OF POLICE, BEACH ROAD, CHENNAI. 2 THE DEPUTY INSPECTOR GENERAL OF POLICE, DIG OFFICE , TVS TOLLGATE, TRICHY.

3 THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, OFFICE OF SUPERINTENDENT OF POLICE , TRICHY 4 THE DEPUTY SUPERINTENDENT OF POLICE, ANTI LAND GRABBING WING, OFFICE OF SUPERINTENDENT OF POLICE, TRICHY.

5 THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT, MADURAI. 6 THE SUPERINTENDENT OF POLICE, THOOTHUKUDI DISTRICT, THOOTHUKUDI. 7 THE SUPERINTENDENT OF POLICE, KARUR.

8 THE SUPERINTENDENT OF POLICE, TRICHY DISTRICT, TRICHY. 9 THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT. 10 THE INSPECTOR OF POLICE,USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

11 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH,THOOTHUKUDI. 12 THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR. 13 THE INSPECTOR OF POLICE, ANTI LAND GRABBING WING , OFFICE OF SUPERINTENDENT OF POLICE, TRICHY DISTRICT. 14.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+one cc to M/s.Devaraj Mahesh, Advocate in SR.No.6359 +one cc to Mr.S.Karthik, Advocate in SR.No.5530 +one cc to Mr.M.R.Sreenivasan, Advocate in SR.No.6115 +one cc to Mr.J.Jeyakumaran, Advocate in SR.No.6446 CSL/GSV-AN/11.02.2016 /4P/19C Crl.O.P.(MD)Nos.870, 1151, 1174, 1179, 1375 and 1245 of 2016 29.01.2016