ELIAMMA SEBASTIAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THIS criminal writ petition has been preferred by the petitioner under sections 419,447,340,299 and 120b of IPC and under Article 226 of the constitution of India read with Section 482 Cr. P. C against 10 respondents. The first respondent is the Commissioner of Police and all other respondents are either private persons or officials of company or bank. Respondent No. 2 is the registrar of Societies. The petitioner made a prayer that this Court should give directions for immediate arrest of the respondents as respondents are anti-social elements indulging into criminal activities. The Court should put a ban on their activities in public interest so as to protect other senior citizens, women and children of the capital. The petitioner also prayed for grant of damages to her on the ground that she had not been able to earn her livelihood because of the respondents, who were acting as mafia, for the last 8 years.

(2.) A perusal of the petition would show that the petitioner in fact had made a complaint of commission of certain acts and offences by the respondents and also made allegations of sexual harassment and defamation against her employer and allegations of destruction of evidence against the bank officials etc. It is apparent that the petitioner should have filed a complaint before the court of CMM/acmm and led evidence in respect of allegations made by her before the Court concerned and in case the court found that the cognizable offence had been committed by any of the respondents, the Court would take appropriate action. This Court cannot hear a writ petition under Sections 419, 447, 340, 299 and 120b-IPC. The petitioner argued the matter herself stating that she had lost faith in advocates also and levelled allegations against many of them.

(3.) I consider that it would be appropriate that this petition of the petitioner is treated as complaint and is forwarded to the court of ACMM, patiala House Court, who shall deal with the matter himself or assign the matter to some Metropolitan Magistrate so that pre-summoning evidence of the petitioner can be recorded.