Vijay Parekh v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.30751 OF 2011 ORDER:

The complaint in the present writ petition is the alleged action of the respondent police in not providing police protection to the petitioner and his family members.

2. Heard Sri K.Raghuveer Reddy, learned counsel, appearing for the petitioner and learned Government Pleader for Home, appearing for the respondents.

3. Petitioner herein claims to be a resident of House No.7-4-86 in Bellampalli, Adilabad District and according to him, he has a jewellery shop, opened by his father and the petitioner has been looking after the shop for several years. It is further stated in the writ affidavit that one woman by name Smt.Karde Padma W/o. Venkatesh, resident of Polempalli Village of Bheemini Mandal, Adilabad District, has been harassing the petitioner and his family members alleging that she is the wife of the petitioner and the petitioner should accept her as his wife. It is further stated that the petitioner herein lodged a complaint with the police and the police registered a case in Cr.No.29 of 2010 on the file of I Town P.S., Bellampalli, under Section 23 of the Mental Health Act and produced the said Smt.

Karde Padma, before the Court of Judicial First Class Magistrate, Asifabad and after medical examination, the said Smt.Karde Padma was sent to Medical Health Hospital, Erragadda, Hyderabad, there she was given treatment for nearly two months i.e., upto 12.05.2010 and it is also stated in the writ affidavit that once again, the said Smt.

petitioner and his family members are in danger. It is the further case of the petitioner that when such an attack was made on 28.02.2011, a complaint was given to the police and the police registered a case in Cr.No.26 of 2011 under Section 23 of the Mental Health Act and the said Smt.Karde Padma was produced before the Court of Judicial First Class Magistrate, Asifabad, with a request to send her to Mental Hospital.

4. In the above background, the petitioner herein filed the present writ petition asking for a direction to the respondent police to provide police protection to the petitioner and his family members.

5. A counter affidavit is filed by the Sub-Inspector of Police, I Town Police Station, Bellampalli, Adilabad District, wherein at Paragraph No.7, it is specifically stated by the 3rd respondent that if any threat is faced from the hands of Smt.Karde Padma, the 3rd respondent is ready and willing to provide police protection to the petitioner as well as his family members as and when the petitioner or his family members approach the respondent police with proper representation.

6. In the above background, this Court is of the considered opinion that the ends of justice would be met, if it is kept open for the petitioner herein to make representation before the respondent police for redressal of his grievance.

7. For the aforesaid reasons, Writ Petition is disposed of, keeping it open for the petitioner herein to make appropriate representation as and when occasion arises, before the respondent police and if any such representation is made by the petitioner, the same be considered and appropriate action be taken, in accordance with the averments made in the counter affidavit filed by the 3rd respondent.

8. Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. No order as to costs. __________________ A.V.SESHA SAI, J 20.06.2016 SS