AMUDHA Vs. INSPECTOR OF POLICE LAW AND ORDER

JUDGEMENT

(1.) Both these petitions are disposed of together by a common order, since the cause is the same. These two petitions, preferred under Art. 226 of the Constitution of India, by the daughter and the father respectively, are now before us, on the order passed by the Honourable Chief Justice, though earlier these two petitions were heard by another Division Bench constituted by K. Venkataswamy, J. and Swamidurai, J. The other bench passed an order on 21-6-1993 which reads, that the petitioner in W.P. No. 4089 of 1993, wanted this writ petition to be heard by some other Bench and in fact on her instructions her Counsel had already preferred a petition pleading for transfer. The Division Bench has stated as follows:-

(2.) Mr. Rupert J. Barnabas, learned Counsel representing the petitioner in W.P. No. 4089 of 1993, placed before us the earlier affidavit sworn to by Amudha, his client, in support of her petition to post both these petitions, before some other Division Bench. We do not intend narrating all the details found in the affidavit of Amudha. But it would suffice to say, that she would allege, that this Court had infringed on her fundamental rights as envisaged in the Constitution and against her will. She has further stated that her right to live as guaranteed under Art. 21 and Art. 19(1)(d), of the Constitution of India had been overlooked by the Division Bench.

(3.) Brief facts which led to the filing of both these petitions will have to be narrated. Amudha, petitioner in W. P. No. 4089 of 1993 is undoubtedly a major, her date of birth, according to School record, being 12-5-1973. However, Amudha claims, that her actual date of birth is 12-6-1973. This difference has no significance, for in any event, Amudha is a major. 3rd respondent, Appachi, in this writ petition is the father of Amudha. The first respondent is the Inspector of Police, Law and Order, E. 2 Royapettah Police Station, Madras while the 2nd respondent is the Director General of Police, Mylapore, Madras. The prayer in the writ petition is for issue of a writ of certiorary Mandamus or direction of a similar nature to call for the records comprised in FIR Crime No. 1714 of 1992 pending on the file of first respondent, quash the same and direct the second respondent to provide protection from arrest and illegal detention by his Department.