Madras High CourtWP(MD)/13616/2017dismissed

Rema J.Nair v. The Director General Of Police

2017-07-24Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP(MD)No.13616 of 2017 Rema J.Nair : Petitioner Vs.

1.The Director General of Police, Office of the Director General of Police, Dr.Rathakrishnan Road, Chennai.

2.The Inspector General of Police, South Zone, Puthunatham Road, Madurai.

3.The Deputy Inspector General of Police, Office of the Deputy Inspector General of Police, Tirunelveli Range, Palayamkottai, Tirunelveli District. 4.The Superintendent of Police, Office of the Superintendent of Police, Kanniyakumari District at Nagercoil.

5.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulachal, Kanniyakumari District.

6.Srither, The Inspector of Police, Puthukadai Police Station, Kanniyakumari District. 7.Rabertjeyan, The Sub- Inspector of Police, Pudthukadai Police Station, Pudthukadai Post, Kanniyakumari District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to take appropriate action against the respondents 6 and 7 on the basis of the petition submitted by the petitioner, dated 20.06.2017, and on the basis of the guidelines issued by the Hon'ble Constitutional Bench of the Supreme Court of India in Lalitha Kumari case reported in (2014) 2 SCC 1 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.K.Baskara Pandian, Special Government Pleader.

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O R D E R

This Writ petition is filed seeking a direction to the respondents 1 to 4 to take appropriate action against the respondents 6 and 7 on the basis of the the petition submitted by the petitioner, dated 20.06.2017, and on the basis of the guidelines issued by the Hon'ble Constitutional Bench of the Supreme Court of India in Lalitha Kumari case reported in (2014) 2 SCC 1 in accordance with law within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the Special Government Pleader appearing for the respondents.

3. The petitioner gave a complaint on 04.05.2017 stating that one Narayanan, Priest of Thirumalai Mahadevar temple assaulted her when he was distributing "Prasadam" on 30.04.2017. No explanation for the delay. However, she gave pressure to the police to give a copy of the First Information Report. Thereafter, the petitioner has given a second complaint, on 20.06.2017, making some allegations against the Priest of the temple. In the same complaint, she has also made allegations against the Inspector of Police and the Sub Inspector of Police who are the respondents 6 and 7 for refusing to register the complaint.

4. In the second complaint, it is stated that the petitioner was ill-treated and attacked by the Priest of the temple. The reading of the complaint also indicate that rather than pointing out the allegations against the accused, the petitioner's intention appears to be to accuse respondents 6 and 7 with tutored version and further representations to Superior officers referring to the Judgment of the Hon'ble Supreme Court.

5. The learned Special Government Pleader on instructions submitted that the petitioner's complaint was enquired and registered in Crime No.242 of 2017.

6. In such circumstances, the allegation against the respondents 6 and 7 do not appear to be true. The petitioner has made allegations against the respondents 6 and 7 for using filthy language and for refusing to give a copy of the First Information Report which was not registered then. The further allegation is that they are biased and supporting the Priest against whom the petitioner gave the complaint. Having regard to the nature of the allegations found in the complaint and the stand taken by the petitioner in the representation and in the affidavit filed in support of the petition, this Court is of the view that the petition lacks merits and bona fides so as to exercise power under Article 226 of the Constitution of India. Hence, the Writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar

To 1.The Director General of Police, Office of the Director General of Police, Dr.Rathakrishnan Road, Chennai.

2.The Inspector General of Police, South Zone, Puthunatham Road, Madurai.

5.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulachal sub division, Kanniyakumari District. +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.67938 +1cc to Mr.R.ALAGUMANI Advocate in SR. No.67593 PMU JS/GT/SAR.4/21.08.2017/ 3P-8C WP(MD)No.13616 of 2017 24.

07.2017