Suberiya Banu v. State Rep. By The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2017
CORAM
THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.23914 of 2016 and W.M.P.(MD) No.17249 of 2016 Suberiya Banu ... Petitioner -vsState represented by the Secretary, Home Department, Fort St.George, Chennai.
The Director General of Police, DGP Office, Beach Road, Chennai.
The Commissioner of Police, Madurai City, Madurai.
The Superintendent of Police, CBCID, Camp Office, The Inspector of Police, Vilakuthoon Police Station, 6.
R.Paravasudevan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the Respondent No.3 to transfer the investigation in Crime No.1527 of 2016 on the file of the Respondent No.5 to the Respondent No.4 and consequently direct the Respondents No.1 to 3 to take appropriate actions against the Respondent No.6.
For Petitioner :
Mr.S.M.A.Jinnah For R1 to R5 :
Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader *****
O R D E R
This petition has been filed, seeking to direct the Respondent No.3 to transfer the investigation in Crime No.1527 of 2016 on the file of the Respondent No.5 to the Respondent No.4 and consequently direct the Respondent Nos.1 to 3 to take appropriate actions against the Respondent No.6.
2. It is the case of the petitioner that her husband Jahir Hussain is being unnecessarily harassed by the Police and false cases have been foisted against him by the Police. It is her further contention that the 4th respondent has registered a false case in Crime No.1527 of 2016 against her husband and therefore, she has filed the present writ petition with the above prayer.
3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 5.
4. The Inspector of Police, Vilakkuthoon Police Station has filed a counter affidavit, wherein he has listed the number of cases, in which the petitioner's husband is involved. It may be necessary to extract the same as follows:
"5. I submit that the present writ petition filed by this writ petitioner is not at all maintainable under law as well as on facts. Most of the allegations made in the affidavit are all false, incorrect and unsustainable under law. Furthermore, according to police investigation several other complaints are pending against this petitioner's husband namely Jahir Hussain in other Police Stations, viz., B-1, Vilakkuthoon Police Station, Madurai;
(2) B-3, Teppakulam Police Station, Madurai and (3) Anna Nagar Police Station in Chennai City, which are detailed below:
S.No.
F.I.R.Number Offence under Sections Name of Police Station 825/2002 379 IPC Anna Nagar Police Station, Madurai 16/2003 376,312 r/w 147 IPC AWPS, Thallakulam Police Station, 1009/2005 399 of IPC Theppakulam Police Station, Madurai 1154/2007 Copy Right Act Anna Nagar Police Station, Madurai 250/2008 147,148,427,323,506
(2) IPC B-3, Teppakulam Police Station, Madurai 6.
396/2010 147,148,323,506(1) IPC B-3, Teppakulam Police Station, Madurai 7.
17/2011 406,420 IPC CCB, Madurai City, 8.
917/2013 457,380 IPC B-1, Vilakuthoon Police Station, Madurai
9.
754/2015 147, 447, 294(b) 506(1) IPC B-1, Vilakuthoon Police Station, Madurai 10.
310/2016 341, 302 IPC B-3, Teppakulam Police Station, Madurai 11.
621/2016 8(c), 20(b)(ii)(b), 25 and 29 (1) Narcotic Drugs Psychotropic Substances Act, Anna Nagar Police Station, Madurai 12.
1527/2016 294(b), 448, 341, 351, 506(1) IPC B-1, Vilakuthoon Police Station, Madurai The above said particulars will go to prove that the petitioner's husband is an habitual offender and is interested in committing crimes. Furthermore, not only stopping with this, it is learnt that some other cases are also pending not only in Madurai but also in other Metropolitan Cities like Chennai, which are all pending. It is further submitted that the name of the petitioner's husband has also taken place in the "History Sheeted Rowdies List" as Number 742 of 2005 on the file of the B3, Teppakulam Police Station and hence he has been detained under Goondas Act in 92/BCDFGISSSB/2016 dated 13.12.2016 and TPDA Number 6092 dated 13.12.2016 on the basis of the report of this respondent."
5. As regards the case in Crime No.1527 of 2016, the same has been registered on the complaint given by one Mohamed Ali Jinnah for offences under Sections 294(b), 448, 341, 351 and 506(i) IPC. The offences are not so serious in nature warranting transfer of investigation as prayed for by the petitioner. Hence, this petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To:
The Secretary, Home Department, Fort St.George, Chennai.
The Director General of Police, DGP Office, Beach Road, Chennai.
The Commissioner of Police, Madurai City, Madurai.
The Superintendent of Police, CBCID, Camp Office, Madurai.
The Inspector of Police, Vilakuthoon Police Station, +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 50720 AR PSM/JC/03.05.2017/4P/7C W.P.(MD) No.23914 of 2016 05.04.2017