A.Christ Amose v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5739 of 2019 A Christ Amose

...Petitioner

Vs.

State rep. by 1.The Superintendent of Police O/o.Superintendent of Police Sathuvacherry Vellore District 2.Inspector of Police Vaniyambadi Taluk Police Station Vaniyambadi Vellore District 3.Manickam 4.Suman 5.Uthirasen 6.Govindaraj 7.Mahendran 8.Kumaravel 9.Ranjith @ Ranjith Kumar 10.Sarath Babu 11.Sasikumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 1st and 2nd respondents to provide police protection pursuant to the petitioner representation dated 31.01.2019.

For Petitioner : Mr.R.Thirumoorthy For Respondent : Mr.C.Raghavan Govt. Advocate(Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner under Section 482 Cr.P.C., to direct the 1st and 2nd respondents to provide police protection pursuant to the petitioner representation dated 31.01.2019.

2.The learned counsel for the petitioner would submit that the Petitioner is running a Church for the people who belongs to Christian religion and there will be a religious gathering on each and every Sunday. The prayer meetings on every Sundays would be conducted without causing any disturbance to the public and to the neighbours. When such being the position, the respondents 3 to 11 are creating unnecessary trouble and disturbing the Sunday prayer meeting with oblique motive. They have threatened the petitioner that they will declare social boycott if the petitioner continues to conduct prayer meeting on every Sunday. They have ill intention and attempting to create group clash by projecting the issue like Hindu fanatics. In this regard, the petitioner has lodged a complaint on 31.01.2019 before the 1st and 2nd respondent.

The learned counsel also relied upon the judgment passed by the Division Bench of this Court, while dealing with the freedom of conscience and the right freely to profess, practise and propagate religion, by an order dated 14.07.2005 made in W.P.No.5202 of 1998 (Mohamed Gani Vs. The Superintendent of Police, Dindugal District & 4 others). 3.Considering the above submissions made by the learned counsel for the petitioner, the second respondent is hereby directed to conduct enquiry on the complaint dated 31.01.2019 along with the counterpart and pass orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

4.Accordingly, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kas

To 1.The Superintendent of Police O/o.Superintendent of Police Sathuvacherry Vellore District 2.Inspector of Police Vaniyambadi Taluk Police Station Vaniyambadi Vellore District 3.The Public Prosecutor, High Court of Madras,Madras.

+1cc to Mr.R.Thirumoorthy, Advocate sr.no.19872 Crl.O.P.No.5739 of 2019 nr 13/05/2019