Madras High Court
K.Sivakumar vs The Principal Secretary To ... on 10 October, 2022
W.P.No.26548 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.No.26548 of 2022
and
W.M.P.No.25603 of 2022
K.Sivakumar ...Petitioner
Vs.
1.The Principal Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai – 600009.
2.The State Human Rights Commission,
Tamilnadu, Rep. By its Registrar,
No.143, P.S.Kumarasamy Raja Salai,
Greenways Road, Chennai – 600028.
3.Saranya
4.Venkatesan ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Certiorarified Mandamus, calling for the records
pertaining to the Impugned Order passed by the 2nd respondent in SHRC Case
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.26548 of 2022
No.11603 of 2019 dated 25.02.2022 and quash the same.
For Petitioner : Mr.A.Saranraj
For Respondents : Mr.A.Selvendran
Special Government Pleader for R1
Mr.S.Wilson for R2
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.)
Challenge in the Writ Petition is to the order of the Human Rights
Commission, imposing the penalty of Rs.25,000/- to be shared between the
petitioner and the 4th respondent.
2.The petitioner was the Inspector of Kovilpalayam Police Station
at the relevant point of time. A complaint was lodged by the de-facto
complainant namely, one Hariharan accusing the 3rd respondent's husband
and one Janaki of cheating. According to the de-facto complainant, the 3rd
respondent's husband and one Janaki had received a sum of Rs.1,00,000/-
from him, promising to issue a Life Insurance Policy. According to the
complainant the 3rd respondent's husband and Janaki cheated him, since they
did not either obtain a Insurance Police or pay back the money received from
him.
https://www.mhc.tn.gov.in/judis
W.P.No.26548 of 2022
3.On receipt of the complaint on 22.07.2019, the petitioner issued a
summon on 23.07.2019 under Section 91 r/w 160 of Cr.P.C., requiring the
accused persons namely, the 3rd respondent's husband and one Janaki to
appear before him on 27.07.2019 for enquiry. Another summon was issued
on the very same day namely, 23.07.2019, requiring the 3rd respondent's
husband to appear for enquiry on 24.07.2019. The 3rd respondent's husband
was arrested on 25.07.2019 and remanded to judicial custody.
4.According to the 3rd respondent, after having issued summon
requiring the accused person to appear on a particular day, the petitioner and
the 4th respondent had conspired together and harrasher husband by arresting
him prematurely without conducting an enquiry. The State Human Rights
Commission, which went into the issue found that issuance of two summons
under Section 91 r/w. 160 of Cr.P.C., demonstrated an eagerness on the part
of the petitioner and the 4th respondent to some how put the husband of the
3rd respondent behind bars.
https://www.mhc.tn.gov.in/judis
W.P.No.26548 of 2022
5.This action, according to the State Human Rights Commission is
in violation of the Human Rights apart from being in violation of the judgment
of the Hon'ble Supreme Court in Arnesh Kumar's case. Therefore, the
Commission thought it fit to slap a fine of Rs.25,000/- to be shared between
the petitioner and the 4th respondent, who was the Sub-Inspector of Police at
the relevant point of time.
6.Though the learned counsel for the petitioner would contend that
the arrest is bonafide, we are unable to accept the said contention. On facts,
the State Commission has found that issuance of multiple summons under
Sections 90 r/w. 160 would show the unnatural eagerness on the part of the
petitioner and the 4th respondent to somehow put the husband of the 3rd
respondent behind bars.
7.The alarming speed with which the arrest has been made in a
case in which at the best an offence under Section 420 could be made out
impels us to accept the conclusions of the State Commission. We see no
https://www.mhc.tn.gov.in/judis
W.P.No.26548 of 2022
merit in the Writ Petition. This Writ Petition fails and it is accordingly,
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
(R.S.M.,J.) (K.B.,J.)
10.10.2022
kkn
Internet:No
Index:Yes
Speaking
To:-
1.The Principal Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai – 600009.
2.The Registrar,
State Human Rights Commission, Tamilnadu,
No.143, P.S.Kumarasamy Raja Salai,
Greenways Road, Chennai – 600028.
https://www.mhc.tn.gov.in/judis
W.P.No.26548 of 2022
R.SUBRAMANIAN, J.
and
K.KUMARESH BABU, J.
KKN
W.P.No.26548 of 2022
and
W.M.P.No.25603 of 2022
10.10.2022
https://www.mhc.tn.gov.in/judis
