Ceylon And India General Mission Church v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2019
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20636 of 2019 and Crl.M.P No.10601 of 2019 Ceylon and India General Mission Church Rep. By Pastor Rev. K.Jayaram Jabaveeran D.No.151/A3A, Dr.Subrayan Nagar, Mettur Dam-636 401.
Salem District.
... Petitioner vs.
1. The Superintendent of Police Salem District, Salem.
2. The Deputy Superintendent of Police Mettur Sub Division Salem District.
3. The Inspector of Police, Mettur Dam Police Station Salem District.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the 1st respondent to issue suitable direction to the respondents 2 and 3 to give adequate police protection to the petitioner for conducting election on 18.08.2019 at Door No.151/A3A, CIG Mission Church, Dr.Subbarayan Nagar, Mettur Dam-636 401, Salem District by considering his petition dated 10.07.2019.
For Petitioner : Mr.N.Manokaran For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor 1/4
ORDER
This petition has been filed seeking for police protection for conducting the election of the Church.
2. The learned Additional Public Prosecutor, on instructions submitted that there are two rival groups involved in this case and since the respondent police expected a law and order problem, the dispute has been referred to the R.D.O, Mettur and the enquiry is pending.
3. The learned counsel for the petitioner submitted that all arrangements have been made to conduct the election on 18.08.2019 and only handful of persons are involved in this dispute and they want to stall the election.
4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the R.D.O, Mettur to take immediate decision after conducting an enquiry and if the decision to conduct an election has been taken by a competent body, the rival parties shall be relegated to challenge the same before a competent Court. If the concerned authority feels that the issue cannot be resolved in the enquiry, the parties can be 2/4
directed to work out their remedy before the competent court. Such a decision shall be taken on or before 16.08.2019.
5. This Criminal Original Petition is disposed of with the above direction. Consequently, the connected miscellaneous petition is closed. 08.08.2019 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order uma Note: Issue order copy on 09.08.2019 To
1. The Superintendent of Police Salem District, Salem.
2. The Deputy Superintendent of Police Mettur Sub Division Salem District.
3. The Inspector of Police, Mettur Dam Police Station Salem District.
4. The Public Prosecutor High Court of Madras.
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N. ANAND VENKATESH, J., uma Crl.O.P No.20636 of 2019 and Crl.M.P No.10601 of 2019 06.08.2019 4/4