LAWS(MAD)-2015-8-277

MRS.K.S.MALEESWARI Vs. THE REGISTRAR,STATE HUMAN RIGHTS COMMISSION

Decided On August 25, 2015
K S MALEESWARI Appellant
V/S
REGISTRAR, STATE HUMAN RIGHTS COMMISSION, TAMIL NADU And OTHERS Respondents

JUDGEMENT

(1.) The petitioner appearing in person has filed this Writ Petition praying for issuance of a Writ of Certiorarified Mandamus, to quash the order passed by the State Human Rights Commission in Case No.7550 of 2005, dated 16.12.2005 and case No.2411 of 2011, dated 08.04.2011 and directing the State Human Rights Commission to conduct enquiry into her complaints, dated 23.03.2005 and 20.11.2014.

(2.) The petitioner was arrested and remanded to the Judicial custody pursuant to a case registered against her under Sections 419, 384, 356 read with 511, IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and Section 5 (1) of the Immoral Traffic (Prevention) Act. The petitioner's husband was the second accused and he was also arrested and remanded. Ultimately, the case was decided by the Mahila Court at Chennai in S.C.No.199 of 2007 and the petitioner/first accused was acquitted under Section 235(1), Cr.P.C. During the pendency of the trial, the petitioner's husband, the second accused, died and charged against him stood abated.

(3.) The petitioner would state that on 03.11.2005, she filed a complaint before the first respondent Commission and the complaint was rejected without conducting an enquiry. The petitioner would state that no reasons have been assigned by the first respondent and the order is bad in law. The petitioner is stated to have approached the Commission during 2006, 2007 and 2008 for issuance of a certified copy of the order dated 16.12.2005, rejecting her earlier complaint. The petitioner would state that her husband died due to the harassment and mental torture by the second respondent, Inspector of Police, All Woman Police Station, Flower Bazaar Range. After the petitioner was acquitted, she lodged another complaint before the first respondent Commission, which was rejected by order dated 08.04.2011 and challenging both the orders of rejection, the petitioner has filed this Writ Petition.