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Madras High CourtCRL OP/15716/2016allowed

V.Benny Joshua, Aged 29 Years v. The Commissioner Of Police

2016-08-03Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.Nos.15716 and 15717 of 2016 V.Benny Joshua ... Petitioner in both Crl.O.Ps Vs 1.The Commissioner of Police, Vepery, Chennai 600 007.

2.The Inspector of Police, Esplanade Police Station, Chennai 600 104.

...

Respondents in both Crl.O.Ps Prayer in Crl.O.P.No.15617 of 2016 :- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the respondents to provide necessary police protection to the petitioner in the Madras High Court Buildings Campus at Chennai, during his appearance in connection with the proceedings in O.P.No.1691 of 2015 on the file of the Principal Judge, Family Court, Chennai. Prayer in Crl.O.P.No.15717 of 2016 :- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent to register a FIR on the basis of the petitioner's complaint dated 11.07.2016 sent by RPAD and received by the respondents on 12.07.2016. In Both Criminal Original Petitions:

For Petitioner :

Mr.B.Balachander For Respondent :

Mr.C.Emalias, Additional Public Prosecutor COMMON ORDER Seeking a direction to the respondents to provide necessary police protection to the petitioner in the Madras High Court Buildings Campus at Chennai, during his appearance in connection with the proceedings in O.P.No.1691 of 2015 on the file of the Principal Judge, Family Court, Chennai and to direct the 2nd respondent to register First Information Report on the basis of the petitioner's complaint dated 11.07.2016, the petitioner has come up with these petitions. https://hcservices.ecourts.gov.in/hcservices/

2.

It is seen that the petitioner sent a complaint dated 11.07.2016 by post to various authorities including the Inspector of Police, Esplanade Police Station, Chennai, alleging that when he went to the Mediation Center in the second floor on the Tamil Nadu Legal District Legal Services Authority Building in the High Court Campus on 11.07.2016, he was assaulted by one Sugumar, Advocate, who had come to assist the petitioner's wife in the Mediation proceedings. This Court called for a report from the Chairman/District Judge, Permanent Lok Adalat, Chennai and a report dated 27.07.2016 has been received, in which, it is stated that an Advocate had assaulted the petitioner.

3.

Therefore, the petitioner is directed to go in person before the Inspector of Police, Esplanade Police Station, Chennai-104 and lodge a fresh complaint in writing and on such complaint being given, the Inspector of Police, is directed to register an FIR and take action in accordance with law. The Inspector of Police shall also ensure that sufficient protection be provided in the Mediation Center. The Police are also directed to provide protection, as and when necessary, for the petitioner to attend the Family Court case. With the above directions, these Criminal Original Petitions are allowed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ari To 1.The Commissioner of Police, Vepery, Chennai 600 007.

2.The Inspector of Police, Esplanade Police Station, Chennai 600 104.

3.The Public Prosecutor, High Court, Madras.

2 ccs to E.Balachander, Advocate, sr.44250, 44249 Crl.O.P.Nos.15716 & 15717 of 2016 ad co kra 29.08.2016 https://hcservices.ecourts.gov.in/hcservices/