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Madras High CourtCRL OP/28276/2015disposed of

Tmt.Flora Grazy v. The Commissioner Of Police

2015-11-27Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.28276 of 2015 Tmt.Flora Grazy ... Petitioner Vs.,

1. The Commissioner of Police, Veppery, Chennai-600 007.

2. The Inspector of Police, J3 Guindy Police Station, Chennai-600 032.

... Respondents Prayer: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the 2nd respondent herein viz., the Inspector of Police, J3, Guindy Police Station, Chennai to give police protection to the church as well as to the petitioner and her family members on the complaint given by her to the 1st respondent herein on 15.10.2015.

For Petitioner : Mr.Gilbert C.Peraira For Respondents : Mr.C.Emalias, APP (For R1) * * * * *

ORDER

This criminal original petition has been filed seeking to direct the 2nd respondent-Police to give police protection to their church as well as to the petitioner and her family members on the complaint given by her to the 1st respondent on 15.10.2015.

2.In the affidavit filed in support of this petition, it has been stated by the petitioner that she is residing, along with her family, at Door No.253, Guindy Labour Colony, Chennai. The petitioner's husband Mr.Sardar Jeba Singh is a Church Pastor and running New Life Clorius Church at Guindy Labur Colony, having about 400 believers. While so, on 04.09.2015 some unknown anti social elements threatened the petitioner and her husband, both directly and through phone, demanding the petitioner and her husband to pay a sum of Rs.15 lakhs. In this regard, on 04.09.2015, the petitioner has lodged a complaint before the 1st respondent-Commissioner of Police, Chennai City. While that being so, on 14.10.2015 at about 9.45 am, in front of the house of the petitioner, one Nithyanandham, Siva and 15 https://hcservices.ecourts.gov.in/hcservices/

others assembled and assaulted the petitioner with hands and threatened her with dire consequence and demanded the petitioner and her husband to close their church. Hence, the petitioner approached the 2nd respondent-Police. Since no action was taken by the 2nd respondent-Police, the petitioner forwarded a complaint to the 1st respondent on 15.10.2015. But, no action was taken on the petitioner's complaint. Hence, she has come forward with the present petition before this Court. 3.Heard both sides. The learned Additional Public Prosecutor submitted that the complaint has been sent through post and if a fresh complaint is given by the petitioner, the respondents-Police will take necessary action. 5.

Considering the facts and circumstance of the case, this Court passes the following order:- The petitioner is directed to give a fresh complaint to the 2nd respondent, along with a copy of this order, within a period of one week from the date of receipt of a copy of this order. On receipt of such complaint, the 2nd respondent-Police is directed to conduct an enquiry and if materials are gathered indicating commission of any cognizable offence, he is directed to register a case and proceed further in accordance with law, as early as possible.

With the above directions, this criminal original petition is disposed of.

ssv -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Veppery, Chennai-600 007.

2. The Inspector of Police, J3 Guindy Police Station, Chennai-600 032.

3. The Public Prosecutor, Madras High Court, Madras.

(co) prk4/12 Crl.O.P.No.28276 of 2015 https://hcservices.ecourts.gov.in/hcservices/