M. TAMILVELAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed to call for the records relating to the First Information Report No.202 of 2014 dated 25.12.2014 on the file of 1st respondent registered under Section 188 and 294(b) of IPC and quash the same.

(2.) The brief facts of the case as per the complaint given by the second respondent/The Chair Person and Child Welfare Committee, Puducherry Region is that on 15.12.2014 one Tamil Selvi had given a complaint to the Child Welfare Committee, Puducherry stating that the petitioner was working as a Constable in Police Armed Force and he had married her after his first wife had committed suicide. Through the wedlock, they have got a female child aged 3 years. The further allegation is that the petitioner/her husband has illegal relationship with many women and he is living with one Sathya and had committed cruelty on her. Unable to bear the torture, she had shifted to another house and started living separately with the child. She used to put her child in a Creche situated near her home. While so, on 12.12.2014, she had dropped her child in the Creche and proceeded to work. When she had returned from her work, she found her child missing from the Creche and she was informed by the authorities in the Creche that her husband had taken the child. Thereafter, she had given a complaint before the Child Welfare Committee, Puducherry and the Child Welfare Committee had lodged a complaint before the Inspector General, Puducherry to rescue the child. Thereafter, summons were issued to the petitioner to be present before the Child Welfare Committee, Puducherry along with the child. On 22.12.2014, the petitioner, his wife Tamilselvi appeared before the Committee with the 3 year old child. After hearing both sides, the Committee considering the best interest of the child, directed the petitioner Tamil Velan to hand over the child to his wife. Whereas, the petitioner had started abusing and shouting at the Chair Person and the Members of the Child Welfare Committee and ran away with the child disrespecting the orders of the Child Welfare Committee. Thereby, the complaint was preferred by the second respondent to the first respondent based on which, the case in Crime No.202 of 2014 was registered against the petitioner for offence under Sections 188 and 294(b) IPC.

(3.) The learned Counsel for the petitioner would submit that the case registered against the petitioner for offence under Sections 188 and 294(b) is illegal and not maintainable. Even assuming the complaint to be true, no case for offence under Section 188 IPC has been made out against the petitioner/accused. The second respondent had only called the petitioner and that the second respondent is not lawfully empowered to pass such an order to hand over the custody of the child. He would submit that in order to attract the provisions of Section 188 IPC, the written complaint of the public servant concerned should reflect the following ingredients namely;