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2014 Supreme(Mad) 1837

High Court of Judicature at Madras
C.T. SELVAM, J.
K. Shymala
Versus
The Director General of Police (Law & Order)
CRL. O.P. No. 7108 of 2014
Decided on: 04-07-2014

Advocates Appeared:
For the Petitioner:M. Sreedhar for M/s. Sreedhar Associates, Advocates.
For the Respondent: Shanmugavelayutham, Public Prosecutor, Assisted by C. Emalias, Additional Public Prosecutor.

The court emphasized the importance of verifying the genuineness of complaints, especially when serious allegations are made against law enforcement officials.

Headnote:

Molestation - Allegations of Police Misconduct - Foreigners Act, 1946, Indian Penal Code - [Foreigners Act, 1946, Indian Penal Code]

Fact of the Case:

The petitioner sought registration of a case regarding alleged misconduct by police officials towards her and her family. The respondent, a senior police officer, denied the allegations and provided a detailed counter statement.

Finding of the Court:

The court found the allegations to be an act of malice and dismissed the petition with costs, citing unnatural conduct and the danger of subjugation of the police force.

Issues: Allegations of police misconduct, delay in filing complaint, and the petitioner's conduct in previous legal proceedings.

Ratio Decidendi: The court emphasized the unnatural conduct of the petitioner and the danger of subjugation of the police force by wrong elements.

Final Decision: The petition was dismissed with costs payable to the Tamil Nadu State Legal Services Authority.

Judgment :

1. Petitioner seeks a direction towards registration of a case on her complaint dated 14.03.2014.

2. The petitioner informs of incidents of outraging the modesty of her mother and herself around 21.08.2010 when she was 19 years of age. She contends that when on a visit to Chennai with her parents, police officials belonging to Coimbatore, barged into a hotel room required her father to speak to the Commissioner of Police, Coimbatore over phone and of their taking away her mother, her brother and sister, aged 6 and 5 years respectively, in two Cars. She informs of her mother and herself having been molested through out the journey to Coimbatore and of the Commissioner of Police molesting her at his office in the presence of her parents. Informing of the beating and arrest of her father, of his statement under Section 164 Cr.P.C. wherein he had spoken to illegal activities of police officers having been recorded and referring to writ proceedings relating to the detention of her father at a special camp for foreigners, the petitioner has alleged inaction on her complaint dated 14.03.2014 despite observations and directions of this Court requiring that the same be properly looked into, the aforesaid direction has been sought.

3. Heard Mr. M.Sreedhar, learned counsel for petitioner and Mr.C.Emalias, learned Public Prosecutor.

4. The details of wrong doing by police officials informed in the complaint of the petitioner dated 14.03.2014 are so severe as do not permit reproduction. Suffice it to say that if true, the acts complained of are most condemnable and would make out offences much beyond molestation. It is in a rare case that this Court would reproduce a counter statement of the respondent. However, being of the view that it would throw much light on the matter, this Court considers it appropriate to do so. The same reads as follows:

"I, K.Ramanujam, IPS, S/o.Thiru.K.Kuppusamy, aged about 61 years, serving as Director General of Police, Tamil Nadu, do hereby solemnly affirm and sincerely state as follows:

2. I am the respondent herein. I humbly submit that the petition dated 14.03.2014 sent by the petitioner Shyamala was received by my office on 15.03.2014. It was sent to the Commissioner of Police, Coimbatore who in turn, instructed the Addl. Deputy Commissioner of Police PEW, Coimbatore City to conduct an enquiry in this regard. Accordingly, Tmt.Lalitha, Addl. Deputy Commissioner of Police PEW., Coimbatore City conducted an enquiry, examined and recorded the statements of the petitioner and other persons connected with the above matter and submitted a report dated 13.04.2014. The Commissioner of Police, Coimbatore submitted a report dated 15.04.2014 along with his remarks. I have perused all the connected files and I am well acquainted with the facts of the case, which form the basis for this counter.

3. It is submitted that the petitioner is put to strict proof of all the averments made by her and all the averments are denied except those that are specifically admitted herein.

4. Regarding the averments in Para 1 to 3 of the affidavit, this respondent has no remarks.

5. It is submitted that Kaurnairaj whom the petitioner claims to be her father, and his wife Macha Kanthi @ Jayanthi had been accused of cheating people on the pretext of getting them jobs in multinational companies. On the complaint given by one Joel Jayakumar, a case in Coimbatore City CCB Cr.No.38/2010 u/s 420 IPC was registered on 18.04.10. Then, on the complaint of another victim namely Pradeep Philipose who was induced to part with gold jewels worth Rs.1.20 lakhs and cash of Rs.50,000/-, by falsely promising him to secure a job in a multinational company, a case in Coimbatore City CCB Cr.No.55/2010 u/s 420 IPC was registered on 31.05.2010. In the course of investigation, the police identified that Karunairaj @ Michael Soosai and his wife Macha Kanthi @ Jayanthi were the accused who had operated under aliases. They were traced to Aravind Residen


































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