1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2011 CORAM: THE HONOURABLE MR. JUSTICE S.TAMILVANAN Crl.O.P.(MD)No.15944 of 2011 K.Subramanian ... Petitioner V. 1.The Deputy Inspector General of Police, Tirunelveli. 2.The Superintendent of Police, Tirunelveli. 3.The Deputy Superintendent of Police, Protection of Civil Rights (PCR Unit), Tirunelveli. ... Respondents Prayer: Petition filed under Section 482 Cr.P.C., seeking an order to register FIR against the accused persons on the complaint dated 08.12.2009 submitted by the petitioner. For Petitioner : Mr.AR.Jeyarhuthran For Respondent : Mr.P.Kannidevan, G.A. (Crl.side) ORDER Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl.side) appearing for the respondents. 2.The petition has been filed under Section 482 Cr.P.C. seeking a direction to register FIR against the accused persons on the complaint dated 08.12.2009 given by the petitioner. 3.Learned counsel appearing for the petitioner submitted that the petitioner is aged about 63 years and he is a retired Police Constable. On 20.11.2009 there had been a petty quarrel taken place between the wife of the petitioner and the petitioner's brother Esakkimuthu and in that quarrel the said Esakimuthu and one Jeyaganesh pushed down the petitioner's wife in a channel. However, suppressing this fact, the petitioner's brother gave a false complaint before the Sub Inspector of Police at Kallidaikurichi Police Station in Tirunelveli District. In connection with the complaint, the petitioner appeared before the Sub Inspector of Police at Kallidaikurichi Police Station for enquiry on 21.11.2009 at 1.00 p.m. During interrogation, Ms.Rajesh, Sub Inspector of Police and Ms.Ajithkumar, Inspector of Police, Kallidaikurichi Police Station abused the wife of the petitioner by mentioning her caste before public. When it was questioned by the petitioner, they started beating him and thereby caused grievous injuries on https://hcservices.ecourts.gov.in/hcservices/ 2 his head and also caused fracture on the right hand and thereby committed offence punishable under Sections 379, 294(b), 325 of IPC Section 3(1)(x) and (xi) of SC/ST Prevention of Atrocities Act, 1989. 4.It is seen that the petitioner has sent telegram to the Superintendent of Police and Deputy Inspector General of Police, Tirunelveli on 21.11.2009. A copy of the complaint sent by the petitioner is also available with postal acknowledgement in the typed set of papers. In addition to same, learned counsel appearing for the petitioner drew the attention of this Court to the xerox copy of the accident register issued by a Government Medical Officer, Ambasamuthiram, wherein the Doctor has stated various injuries sustained by the petitioner including fracture. 5.Though there are documentary proof to show that the petitioner had suffered injury and also sustained fracture, no case was registered by the respondent herein, for the reason best known to them. It cannot be disputed that it is the duty of the respondents to register a case if a criminal complaint is made and supporting materials are available. 6.In the above said circumstances, I could see no tenable objection or defense from the learned Government Advocate (Crl.side) appearing for the respondents. Therefore, the Criminal Original petition is allowed and the respondents are directed to register a case against the persons as stated in the complaint given by the petitioner and proceed according to law. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Deputy Inspector General of Police, Tirunelveli. 2.The Superintendent of Police, Tirunelveli. 3.The Deputy Superintendent of Police, Protection of Civil Rights (PCR Unit), Tirunelveli. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai nbj rl/5 c- 14.12.2011 Crl.O.P.(MD)No.15944 of 2011 09.12.2011 https://hcservices.ecourts.gov.in/hcservices/