Madras High CourtCRL OP(MD)/99/2016disposed of

P.Kavitha v. The Superintendent Of Police

2016-01-06Honourable Mr Justice S. Vaidyanathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2016

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)Nos.99, 100, 102, 123, 127, 131 of 2016 and 24571 of P.KAVITHA ... PETITIONER in CRL OP(MD) No.99 of 2016 M.MALAICHAMY ... PETITIONER in CRL OP(MD) No.100 of 2016 M.S.A.MUSTHAFA IBRAHIM ... PETITIONER in CRL OP(MD) No.102 of 2016 C.ANNAMALAI ... PETITIONER in CRL OP(MD) No.123 of 2016 NAGARAJ ... PETITIONER in CRL OP(MD) No.127 of 2016 S. NANDHINI PRIYA ... PETITIONER in CRL OP(MD) No.131 of 2016 SUNDERRAJ ... PETITIONER in CRL OP(MD) No.24571 of 2015 -VS- TRICHY DISTRICT, TRICHY ALL WOMEN POLICE STATION, THIRUVERAMBUR,, TRICHY, TRICHY DISTRICT ... RESPONDENTS in CRL OP(MD) No.99 of 2016 1 THE COMMISSIONER OF POLICE MADURAI CITY, MADURAI D2-SELLUR POLICE STATION, MADURAI ... RESPONDENTS in CRL OP(MD) No.100 of 2016 1 THE COMMISSIONER OF POLICE MADURAI CITY, MADURAI K.PUDUR POLICE STATION, MADURAI CITY ... RESPONDENTS in CRL OP(MD) No.102 of 2016 1 THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE, MADURAI TOWN

AVANIAPURAM POLICE STATION, MADURAI ... RESPONDENTS in CRL OP(MD) No.123 of 2016 OFFICE OF THE SUPERINTENDENT OF POLICE, TRICHY DISTRICT VALANADU POLICE STATION VALANADU TRICHY DISTRICT ... RESPONDENTS in CRL OP(MD) No.127 of 2016 RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

2 THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

... RESPONDENTS in CRL OP(MD) No.131 of 2016 NAGERCOIL, KANYAKUMARI DISTRICT.

2 THE SUB INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT. ... RESPONDENTS in CRL OP(MD) No.24571 of 2015 Prayer in CRL OP(MD) No.99 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent herein to register an FIR on the basis of the complaint dated 3.12.2015 lodged before the 2nd respondent herein through post.

Prayer in CRL OP(MD) No.100 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to instruct the 2nd respondent to register the case on the basis of the petitioners complaint dated 28.12.2015 Prayer in CRL OP(MD) No.102 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Inspector of Police, K.Pudur Police station,

Madurai City, to register the petitioners complaint dated 26.12.2015 as an FIR.

Prayer in CRL OP(MD) No.123 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to register a case based on the complaint given by the petitioner on22.12.2015 and to conduct fair and impartial investigation in accordance with law within the period stipulated by this Honourable Court.

Prayer in CRL OP(MD) No.127 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent to register a case against the accused on the complaint dated 20.12.2015 Prayer in CRL OP(MD) No.131 of 2016:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 3rd respondent to register the case on a complaint dated 27-11-2015 given by the petitioner and pass such other and further orders as this Honourable Court Prayer in CRL OP(MD) No.24571 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent instruct to the 2nd respondent to register the case on complaint given by the petitioner dated 25.11.2014.

For Petitioners:

: M/S A.THIRUVADI KUMAR in CRL OP(MD) No.99 of 2016 : M/S J.VIJAYAKUMARAN in CRL OP(MD) No.100 of 2016 : M/S R.ANAND in CRL OP(MD) No.102 of 2016 : M/S.P.ADIKESAVAN in CRL OP(MD) No.123 of 2016 : M/S T.VADIVELAN in CRL OP(MD) No.127 of 2016 : M/S K.SUDALIAYANDI in CRL OP(MD) No.131 of 2016 : M/S N.S.RAMAKRISHNA DASS in CRL OP(MD) No.24571 of 2015 For Respondents:

: Mr.A.P.Balasubramani Government Advocate(Crl.Side) in all the 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.

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 TRICHY DISTRICT, TRICHY ALL WOMEN POLICE STATION, THIRUVERAMBUR,, TRICHY, TRICHY DISTRICT

3 THE COMMISSIONER OF POLICE MADURAI CITY, MADURAI 4 THE INSPECTOR OF POLICE D2-SELLUR POLICE STATION, MADURAI 5 THE INSPECTOR OF POLICE K.PUDUR POLICE STATION, MADURAI CITY 6 THE INSPECTOR OF POLICE AVANIAPURAM POLICE STATION, MADURAI 7 THE INSPECTOR OF POLICE VALANADU POLICE STATION, VALANADU, TRICHY DISTRICT. 8 THE SUPERINTENDENT OF POLICE RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

9 THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

10 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

11 THE SUPERINTENDENT OF POLICE NAGERCOIL, KANYAKUMARI DISTRICT.

12 THE SUB INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT. 13 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to Mr.T.Vadivelan,Advocate Sr.No.575 +1cc to Mr.K.Sudlaiyandi, Advocate Sr.No.657 +1cc to Mr.A.Thiruvadikumar,Advocate Sr.No.904 +1cc to Mr.T.Vijayakumaran, Advocate Sr.No.

+1cc to Mr.N.S.Ramakrishna Dass,Advocate Sr.No.816 +1cc to Mr.R.Anand,Advocate Sr.No.1254 rr AA/JGB-DP/21.01.2016/5P-20C/ Crl.O.P.(MD)Nos.99, 100, 102, 123, 127, 131 of 2016 and 24571 of 2015 06.01.2016