In order to evade the reach of the law, offenders file frivolous petitions against police officers; serious action is required: Madras High Court
A litigant was fined Rs. 35k by the Madras High Court in a ruling from November 18, 2022 for making a fake complaint against police officers. Each of the seven police officers charged in the proceedings will get Rs. 5,000. The matter was between M Kala and another v. The State of Tamil Nadu and others. ( W.P.No.26630 of 2017) and was presided by Hon’ble Mr. Justice S.M. Subramaniam.
FACTS OF THE CASE:
A writ of Mandamus was filed under Article 226 to direct the Director general of Police to take appropriate action by conducting disciplinary enquiry against the police officers.
However, the respondents argued that the petitioners were operating an orphanage home illegally. On the basis of an allegation involving the disappearance of a young kid, actions were taken against the petitioners. Later, the child was saved and given to the mother.
JUDGMENT:
Justice S.M. Subramaniam observed that there is a recent trend of filing petitions against police officers without any substance and such practice should never be tolerated.
Whenever the police officials initiate actions under law and by following the procedures, in order to escape from the clutches of law, these offenders are filing writ petitions against the police officials with false allegations and such allegations if found to be false or not substantiated or proved, then serious actions are warranted.
The court stated that because the current petition was submitted over 5 years ago, leaving it waiting for so long would be mentally taxing for the field officers and that courts should make sure that frivolous matters like this are quickly resolved.
According to the court, there was no reason for filing the complaint. In order to assess the remedy, the petitioners also failed to show even the appearance of a legal entitlement. As a result, the petition was dismissed by the court with instructions to submit costs.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
JUDGMENT REVIEWED BY ADITI PRIYADARSHI