S V RAMAMURTHY Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU HOME DEPARTMENT FORT ST GEORGE CHENNAI €“ 600 009

JUDGEMENT

(1.) THE petitioner has filed this P. I. L seeking a mandamus directing respondents 1 and 2 to engage the services of "dowry Prohibition officer" in terms of Section 8-B of the Dowry Prohibition Act, 1961 (hereinafter called as the Act for brevity) read with Rule 5 of the Tamil nadu Dowry Prohibition Rules, 2004 (hereinafter called as the Rules for brevity)to receive complaints and investigate and to file charge sheets under the Act without interference of the police officers excepting in cases where Dowry prohibition Officer seeks the assistance of police under Clause (xxi) and (xxii) of Rule 5 of the Rules.

(2.) THE petitioner is a practicing Advocate and a resident of Chennai. He has two sons. His second son was married to one Mahalakshmi on 23rd January 2004. THE daughter-in-law of the petitioner has lodged a complaint with the third respondent, the Commissioner of Police, Chennai alleging that the petitioner and his family members had demanded dowry of Rs. 25 lakhs from her. On the basis of this complaint, a non-bailable warrant was issued by the concerned Magistrate and the petitioner had obtained an anticipatory bail from the Principal Sessions Judge, Chennai.

(3.) THE complainant/daughter-in-law is not impleaded in the petition. In W. P. M. P. No. 3443 of 2005 an order of temporary injunction has been passed restraining the police from investigating into the complaint made by the daughter-in-law of the petitioner. It appears that on the basis of the interim relief granted by this Court, more than 300 petitions have been filed in this Court, and the investigations have been stayed in all these cases by this Court. Two Women Organisations namely All India Democratic Women association and All Living Beings and Environmental Protection Society have got impleaded themselves to the petition and applied for vacating the interim reliefs.