Madras High CourtCRL OP(MD)/1396/2018disposed of

M.Wilson v. The Superintendent Of Police

2019-03-13Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD).No.1396 of 2018 M.Wilson ... Petitioner Vs 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Nesamony Nagar Police Station, Nagercoil, Kanyakumari District.

3.Rev.P.A.Ponnarasu Son of Peter, The President, India Evangelical Lutheran Church, Nagercoil Synod, Lutheran Centre, K.P.Road, Nagercoil-629 001.

...Respondents

(Respondent No.3 is impleaded as per the order of this Court dated 13.03.2019 in Crl.M.P.(MD). No.750 of 2018 in Crl.O.P.(MD).No.1396 of 2018) PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, directing the respondent Police to give Police protection to the petitioner for his life and liberty while discharging his elected position of PresidentIELC-Nagercoil Synod Office. For Petitioner: Mr.D.A.Prabhakar For R1 & R2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side) For R3 : Mr.J.Barathan

O R D E R

The petitioner seeks protection to his life and liberty from the present third respondent from interfering with his official duty in his capacity as an elected President of Nagercoil, IELC Synod Office.

2.Heard the learned Government Advocate (Crl. side) appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent.

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3.The learned counsel appearing for the third respondent submitted that the petitioner has never been elected as the President of IELC Nagercoil Synod Office and therefore, the petitioner cannot claim any protection on the pretext of holding that of Office. The scope of this petition is limited. 4.If the petitioner considers that his life and liberty is under threat de hors his alleged holding of office as the President of IELC, he may approach the second respondent with a fresh representation upon receiving which, the second respondent shall cause such necessary enquiry. Sofaras his claim of office as the President of IELC Nagercoil Synod is concerned, he is directed to work out his remedy before the Civil Court. 5.With the above direction, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Nesamony Nagar Police Station, Nagercoil, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.P.RONALD, Advocate ( SR-53847[F] dated 14/03/2019 ) +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-53902[F] dated 14/03/2019 ) TSG Crl.O.P.(MD).No.1396 of 2018 13.03.2019 KM/(09.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/