W.P.(MD) No.15263 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 21.01.2022

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

W.P.(MD)No.15263 of 2019

(Through video Conference)

Jeeva Priyadharshini

.. Petitioner

Vs.

1.The Deputy Inspector General of Police,

Madurai zone, Madurai.

2.The Commissioner of Police,

Madurai Town, Madurai District.

3.The Inspector of Police,

S.S.Colony Police Station,

Madurai.

.. Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India to issue a Writ of Mandamus, directing the third respondent

to return the petitioner's 3 Gold Rings, 1 Gold Chain, an amount of

Rs.1,80,000/- and ATM Card and also her DVR available in her house

which were illegally taken from them and direct the first and second

respondents to take action against the third respondent by

considering her representation, dated 08.06.2019.

For Petitioner

: No Appearance

For Respondents : Mr.A.Thiruvdai Kumar

Additional Public Prosecutor

O R D E R

Today, there was no representation for the petitioner.

2.This writ petition is filed seeking mandamus to direct the

third respondent/Sub-Inspector of Police, S.S.Colony Police Station

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https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD) No.15263 of 2019

to return three gold rings, one gold chain, cash of Rs.1,80,000/-,

ATM Card and DVR, which were alleged to have been illegally taken by

the third respondent while conducting a raid in the Spa run by the

petitioner and her husband.

3.According to the pettioner, on 23.04.2019, the third

respondent came to her beauty parlour and demanded huge money. When

her husband refused to give money, a team of police came to her

premises on 25.04.2019 and took away the properties mentioned above

without any acknowledgement and also arrested her husband. The

above mentioned property however not produced before the concerned

Magistrate. After giving a detailed representation to the

respondents 1 and 2, the present writ petition is filed.

4.The learned Additional Public Prosecutor would submit that

the petitioner and her husband, who were involved in immoral traffic

under the guise of running a beauty parlour, came to the adverse

notice of the police and a raid was conducted at the premises. Nine

mobile phones, cash of Rs.49,400/- and two number of classmate notes

were recovered. A case in Crime No.361 of 2019 was registered

against the petitioner and her husband for the offence under

Sections 4(2)(c), 4(2)(a), 5(1)(a) and 5(1)(d) of the Immoral

Traffic Act 1956 and Sections 370 and 120(b) of IPC. The allegation

that the gold jewels and cash were seized from the petitioner's

premises is a false and imaginery allegation. The learned

Additional Public Prosecutor would further submit that the husband

of the petitioner has two cases under the Immoral Traffic Act

registered by S.S.Colony Police Station in Crime No.688 of 2018 and

361 of 2019 and he was detained under Act 14 of 1982 as a Goonda.

Two cases similar in nature were registered against the petitioner,

one in Crime No.474 of 2018 and another in Crime No.361 of 2019. To

cover up their illegal business, the present petition is filed as if

gold jewels and cash were recovered from them but not produced

before the Court.

5.This Court, on perusal of the representation, dated

08.06.2019, finds that though there is an allegation that three gold

rings, one chain, ATM card were taken away from her house and by

using the ATM Card, a sum of Rs.1,48,500/- was withdrawn, but there

is no detail about the description of the jewels or the bank account

number and the ATM Card number, and the date of withdrawal. The

petitioner who claims that a sum of Rs.1,48,500/- had been withdrawn

by using her ATM Card should have atleast given particulars about

the bank and the ATM Card number and