M.Arumugam v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P.No.27321 of 2022 M. Arumugam ... Petitioner Vs
1. The Commissioner of Police, O/o.The Commissioner of Police, Chennai.
2. The Deputy Commissioner of Police, O/o.The Deputy Commissioner of Police, Flower Bazzar, Chennai.
3. The Inspector of Police, B-2, Esplanade Police Station, Chennai.
4. P.K.Sekar Babu
5. Rajasekar
6. Kaviyarasu .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 to 1/5
3 to give suitable Police protection to the petitioner's life from the hands of the 4th, 5th and 6th respondents in pursuant to the representation dated 03.10.2022.
For Petitioner : Mr.P.Muthamizhselvakumar For Respondents : Mr.S.Santhosh Govt.Advocate (Crl.side) for R1 to R3
ORDER
This petition is filed seeking a direction to the respondents 1 to 3 to give suitable Police protection to the petitioner's life from the hands of the 4th, 5th and 6th respondents in pursuant to the representation dated 03.10.2022.
2. The case of the petitioner is that he is a practising Advocate and he is in the profession for the past ten years and attending various Courts around the state. He is the founder of All India Hindu Lawyers Association and also a member of the Prime Political Party and very actively involved in various social service programs. He legally assisted one Rajkumar V.Jain to lodge a complaint against the 4th respondent, but the Inspector of Police, Elephant Gate Police Station refused to register the complaint since he is a Member of 2/5
the Assembly (MLA). Hence, he advised the said Rajkumar to approach this Court and this Court directed the Inspector of Police, Elephant Gate Police Station, Chennai to register the case and the said Sekar Babu/4th respondent was arrayed as A3 and later, it was quashed as compromise arrived between the parties. Thereafter, the petitioner supported the opposite candidate who contested against the said P.K.Sekar Babu/4th respondent in the election. Hence the dispute arose. After that the petitioner was attacked by the 5th and 6th respondents under the instructions of 4th respondent and now he is under life threat by the respondents 4 to 6. Hence he gave a representation dated 03.10.2022 to the first respondent police for police protection for his life. Since the representation was not considered, he filed the present writ petition.
3. The learned Counsel appearing for the petitioner submitted that the 1 to 3 respondent police may be directed to consider the petitioner's representation dated 03.10.2022.
4. The learned Government Advocate (Crl.Side) submitted that the petitioner's representation dated 03.10.2022 is available with the third 3/5
respondent police. He further submitted that apart from this case, the petitioner has involved in five cases and recently he was granted Anticipatory Bail but not complying with the conditions therein. Apart from that one Vijay had given a complaint against this petitioner as well as some other persons and the case is under enquiry. However, the third respondent is ready to consider the petitioner's representation.
5. Recording the same, the third respondent police is directed to consider the representation of the petitioner dated 03.10.2022, on merits and take action in accordance with law within a period of 10 days from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is also closed. 13.10.2022 Speaking/Non speaking order dpq 4/5
V. SIVAGNANAM, J.
dpq To
1. The Commissioner of Police, O/o.The Commissioner of Police, Chennai.
2. The Deputy Commissioner of Police, O/o.The Deputy Commissioner of Police, Flower Bazzar, Chennai.
3. The Inspector of Police, B-2, Esplanade Police Station, Chennai.
4. The Public Prosecutor, High Court of Madras.
W.P.No.27321 of 2022 13.10.2022 5/5