Police probe cannot be ordered without substantial proof, says High Court

Police investigation cannot be ordered in order to find out if a person has committed an offence, as everyone has a fundamental right under Article 21 of the Constitution of not being hounded by the police, the Madras High Court has held.

By :  migrator
Update: 2020-11-17 00:42 GMT
Madras High Court

Chennai

Dismissing a plea seeking the DVAC to register an FIR based on a complaint against some Salem Corporation officials Justice PN Prakash said: “The petitioner has merely made sweeping allegations against the contractor and the officials of the Salem Corporation that they have collected money to the tune of Rs 9.80 crores from 141 occupants, without anything more.”

The complaint failed to disclose the commission of a cognisable offence to take action, Justice Prakash said and cited the Supreme Court order that a person cannot be hounded by the police in the absence of sufficient grounds.

The petitioner, R Kaurupannan, a flower seller at VOC flower market, Chinna Kadai Veedhi, said the Salem Corporation decided to demolish the market building and construct a new complex under Smart City scheme at a cost of Rs 14.58 crore. The existing occupants were evicted and allotted temporary shops near the old bus stand.

He was allotted temporary shop No 46, for which one Subash had taken the contract for collecting toll licence from the allottees. The illegal collection of Rs 100 per day is being shared by the officials of the Corporation, so far amounting to Rs 9.80 crore, he alleged.

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