John Amalan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.OP.No. 26123 of 2018 John Amalan

...Petitioner/Complainant

Vs.

State rep. by

1. The Commissioner of Police, Coimbatore.

2.The Inspector of Police, E-2, Peelamedu Police Station, Coimbatore.

....Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the respondents to give police protection for the event to be held on 18.11.2018 at about 3.00 pm at Hindustan Arts College, Coimbatore. For Petitioner : Mr.S.N.Arun Kumar For Respondents : Mr. M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for police protection for conducting an event that is going to be held on 18.11.2018 at Hindustan Arts College, Coimbatore.

2. When the matter came up for hearing during the last occasion, this Court directed the respondent police to enquire the parties and report before this Court.

3. Today, the learned Government Advocate would submit that there is a rival party who claims right to conduct the event. The police have enquired the parties and have found that there is a dispute with regard to the right to conduct the event in the Hindustan Arts College, Coimbatore.

https://hcservices.ecourts.gov.in/hcservices/

4. Therefore, in a case of nature, the police cannot side with anyone and providing police protection to one of the party will deprive the right of the other. Therefore, the parties will have to establish their right before the Competent Court in the manner known to law. The police cannot be interfere in a matter of this nature.

5. In view of the above, the relief has sought for by the petitioner cannot be granted by this Court.

6. Accordingly, the Criminal Original Petition is dismissed. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar dh/raja To

1. The Commissioner of Police, Coimbatore.

2.The Inspector of Police, E-2, Peelamedu Police Station, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.B. Nambiselvan, Advocate sr 78166. CRL.OP.No. 26123 of 2018 BS(CO) SP(06/12/2018) https://hcservices.ecourts.gov.in/hcservices/