Madras High Court
A.Xavior Chandrasekar vs The Superintendent Of Police on 18 October, 2013
Author: C.S.Karnan
Bench: C.S.Karnan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18/10/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN Crl.O.P.(MD) No.15575 of 2013 A.Xavior Chandrasekar ... Petitioner Vs. 1.The Superintendent of Police Thoothukudi District Thoothukudi 2.The Sub Inspector of Police Central Police Station Thoothukudi ... Respondent PRAYER Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent herein to register a case on the basis of the complaint given by the petitioner on 03.09.2013. !For Petitioner ... Mr.S.Gokulraj ^For Respondents ... Mrs.S.Prabha Government Advocate - - - :ORDER
The petitioner herein has filed the above criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking a direction upon the second respondent herein to register a case based on the complaint given by him on 03.09.2013.
2. The short facts of the case are as follows:-
The petitioner has lodged a complaint before the second respondent herein on
03.09.2013 by registered post with acknowledgment due and the same has been received by the second respondent. The complainant has stated that he is working as a Car Driver under one Mrs.Subhathra. The said Mrs.Subhathra directed him that her granddaughter namely Kamalini is staying at Subramanian @ Mani's house and further directed him to pick up the girl and drop her at Thoothukudi Airport. Accordingly, he went there on 28.08.2013, at about 06.30 a.m., and informed the said Subramanian. Inturn, the said Subramanian and his wife Sasi and their son Shankar had abused in filthy language and threatened him. Further, the girl Kamalini had not been permitted to go along with him. The same was informed to his boss's daughter Malar. Thereafter, the petitioner left the place. The girl Kamalini is ready to proceed by air to Chennai.
3. Thereafter, the said Mrs.Malar came from Chennai by air on 28.08.2013, at about 03.00 p.m., and reached the said Subramanian's house and forcibly released their daughter Kamalini and took her to Chennai. As such the said Subramanian @ Mani and his wife Sasi and their son Shankar detained the minor girl Kamalini under their custody illegally and prevented her to board the aircraft on Flight No.SG3292 Spicejet, dated 28.08.2013 at 08.55 a.m., departure time. Hence, the accused persons threatened the complainant and detained Kamalini in their forcible custody against the wish of the said Miss.Kamalni. On the said complaint, the respondents herein did not act upon. Therefore, the petitioner is constrained to approach this Court in order to register a criminal case for detaining the minor girl under their custody and against her wish.
4. The competent counsel for the petitioner has argued that the petitioner is a driver under the employee of one Mrs.Subathra. On her instruction, the petitioner went to accused's house namely Subramanian @ Mani to pick up her granddaughter namely Kamalini in order to see her board the flight on 28.08.2013 at about 08.55 a.m., from Tuticorin to Chennai. Accordingly, the petitioner went to the accused's house to take Kamalni to Airport. But, the said Mani, his wife Sasi and his son Shankar prevented the minor girl Kamalini to go to Chennai and detained her in their custody forcibly against the wish of the said girl, who is aged about 13 years. The air ticket was also purchased on 28.08.2013, which was confirmed ticket, besides all the accused persons had abused in filthy language against the petitioner herein. As such, the accused persons committed a criminal offence particularly threatening the petitioner and used filthy language and detained the minor girl against her wish and disturbed the mother of the minor girl mentally, physically besides the expenses involved. Hence, the learned counsel prays the Court to direct the respondent Police to register a criminal case for the offences under Section 341, 342, 351, 352, 294(b) and 506(i) I.P.C. In support of his contentions, he has produced the air ticket before this Court.
5. The highly competent counsel for the State has submitted that the petitioner has lodged a complaint on 03.09.2013 through registered post with acknowledgment due. The date of occurrence is 28.08.2013. As such, there is a delay on the side of the complainant. Further, the petitioner herein had not extended his co-operation with the respondents Police. Therefore, there is a lack of service on the part of the petitioner. Both the respondents are prepared to take action against the accused if there is a prima facie case made out.
6. Per contra, the learned counsel for the petitioner has submitted that the complaint made on 03.09.2013 is a bona fide one, supporting the complaint the air ticket had been purchased in the name of Kamalani, daughter of Malar on 27.08.2013 to travel by air on 28.08.2013. Because of the accused the said minor girl Kamalini could not travel on the scheduled flight since the girl was illegally detained. In order to prove the said offence, eye-witness, circumstantial evidence and documentary fact is available on the side of the petitioner. Therefore, the highly competent counsel requests the Court to register a criminal case against the accused and the petitioner and other aggrieved persons are ready to extend their co-operation with the respondents Police in order to establish the prosecution case against the accused to punish them before the Court of law.
7. On considering the averments of the complaint and on scrutinizing the copy of the air ticket and on hearing the submissions made by the learned counsels on either side, this Court is inclined to direct the second respondent herein to take appropriate action against the accused persons and proceed in accordance with law forthwith.
8. Accordingly, this criminal original petition is ordered. Further, the second respondent Police is directed to produce a copy of the FIR in a sealed cover addressed to the Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.
krk To
1.The Superintendent of Police Thoothukudi District Thoothukudi
2.The Sub Inspector of Police Central Police Station Thoothukudi
3.The Public Prosecutor Madurai Bench of Madras High Court Madurai