Arumugam v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.10820 of 2019 Arumugam ... Petitioner / Complainant Vs

1. The Commissioner of Police, Salem.

2. The Inspector of Police, Kannankurichi Police Station, Salem.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the 2nd respondent to provide necessary police protection to the safety and security of the petitioner's College viz., M/s. Jayaram Arts & Science College, Chinna Thirupathi Post, Salem, on the basis of his complaint dated 08.04.2019.

For Petitioner : Mr.C.Mohanraj For Respondents : Mr.C.Raghavan Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the 2nd respondent to provide necessary police protection to the safety and security of the petitioner's College viz., M/s. Jayaram Arts & Science College, Chinna Thirupathi Post, Salem, on the basis of his complaint dated 08.04.2019.

2.The learned counsel for the petitioner would submit that the petitioner is the Principal of the said College which was inaugurated in the year 2002.While so, as some students of the said college came with long beard and mustache which would affect the atmosphere of the educational institution, during December 2016, the college advised such students to attend the college to have clean shave face along with neat and formal dresses. On 28.12.2016 at 1.30 p.m the persons belong to "Tamil Nadu Muslim league" and "Manithaneya Makkal Katchi" came to the college shouted that the College Administration has acted https://hcservices.ecourts.gov.in/hcservices/

prejudicial to their religious sentiments. However, the petitioner college explained that the code of conduct is framed only to benefit the students future. However, suddenly the said political persons along with some students and 150 persons gathered in front of the college as protest and attempted to assault the petitioner and the Chairman. The petitioner lodged a complaint before second respondent and the same was registered in Crime No.635 of 2016. In that circumstances, the 2nd respondent sent a letter dated 03.01.2017 whereby informing the petitioner, the case was referred to Revenue Divisional Officer, Salem. A notice dated 04.01.2017 issued by RDO informing to attend the enquiry on 09.01.2017, before the Tahsildar. On the said date, neither the said political persons nor such students or their parents failed to appear. Hence, the proceedings was adjourned on many occasions. The said protesters never appeared even for a single hearing. Hence, the petitioner has filed the present petition with aforesaid prayer.

3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents. 4.Considering the above facts and circumstance of the case, the second respondent is directed to consider the petitioner's complaint dated 08.04.2019 and to conduct an enquiry with the counter party and pass orders on merits in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

5.With the above direction, these Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// mpa Sub Assistant Registrar To

1. The Commissioner of Police, Salem.

2. The Inspector of Police, Kannankurichi Police Station, Salem.

3. The Public Prosecutor, High Court of Madras.

+1 cc to Mr.C.Mohanraj, Advocate, S.R.No.39523 CRL.O.P.No.10820 of 2019 SSV(CO) SSM(06/06/2019) https://hcservices.ecourts.gov.in/hcservices/