Growing Trend Of Offenders Accusing Police Officials On Registration Of Criminal Case Cannot Be Tolerated: Madras HC

The Madras High Court has held that the trend of accusing the police personnel on registration of Criminal Case by the offenders cannot be tolerated by the Courts.

Justice S.M. Subramaniam observed that whenever police officials initiate actions under law, these offenders are filing writ petitions against the police officials in order to escape from the clutches of law with false allegations.

The Court has held that such allegations if found to be false or not substantiated or proved, then serious actions are warranted.

The Court noted that writ petitions are filed against Police Officials frequently for initiation of disciplinary action against the Police authorities.

The Court observed that keeping those writ petitions pending unnecessarily for long years, would cause mental agony to such Police authorities and it would cause hindrance for peaceful performance of their lawful duties.

In the present case, the petitioner earlier filed a writ petition and withdrew the same. Immediately, after 3 months, the present writ petition has been filed in October 2017 with a prayer to direct the authorities to initiate disciplinary proceedings against the Police authorities.

The official respondents filed a counter affidavit, stating that the petitioners are running an Orphanage Home in an illegal manner and actions were initiated against the petitioners.

On initiation of action against the complaint regarding missing of a minor child, the Police authorities rescued the minor child and handed over to the child's mother.

Thus, actions were initiated against the Home being run by the petitioners.

Advocate A.Muruganandam appeared for the petitioners whereas Government Advocate S.Rajesh appeared for the State.

The Court observed that lawful performance of duties by the Police authorities are to be protected at all circumstances.

"On receipt of any complaint from any such accused persons or their relatives, the Competent Higher Authorities of the Police Department have to conduct a preliminary enquiry first to identify the genuinity of the allegations against the field level Police officers and thereafter, initiate actions, if there is any substantial evidence.", the Court directed.

The Court noted that in the present case, the Police authorities rescued a minor child and handed over to the mother in a Habeas Corpus Petition and the complaint filed by the petitioners' son before the State Human Rights Commission was dismissed by the Commission.

Therefore, the Court held that the present writ petition is filed without any justification.

The relief sought in the instant petition was rejected and the Court imposed costs on the petitioners.

Cause Title- M. Kala & Anr. v. State of Tamil Nadu & Ors.

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