Madras High CourtCRL OP(MD)/4768/2019disposed of

A. Mohammed Salim v. The Superintendent Of Police

2019-04-01Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.4768 of 2019 A.Mohammed Salim ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari, Kanyakumari District.

2.The Inspector of Police, Thakkalai Police Station, Kanyakumari District.

3.S.M.Mohammed Rasid 4.A.Shahir Ali 5.Mohammed Maideen 6.H.Hamim Musthafa 7.M.Aaribin 8.M.Sahul Hammed @ Moodai M.Sahul Hammed ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st and 2nd respondent police to give police protection to the petitioner for his life and limb.

For Petitioner : Mr.R.Maheswaran For R-1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The present petition is filed to direct the first and second respondents to give police protection to the petitioner for his life and limb.

2. The learned counsel appearing for the petitioner submitted that the petitioner is a volunteer of the Jamath Committee, that in connection with conduct of Urus festival in the Masjid, which is now concluded, a dispute arose between the petitioner and the private respondents herein over distributing the budges to the volunteers. Even though the festival is now concluded, the petitioner now continues to face threat to his life and limb. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor submitted that based on the complaint preferred by the petitioner and the fifth respondent, cases in Crime No.185 of 2019 and Crime No.164 of 2019 have been registered, respectively and they are being investigated.

4. The prayer herein however is slightly different. The petitioner herein seeks protection to his life and limb. Even as the Investigating Officer is directed to investigate both the cases to arrive at a logical conclusion, he is also required to ensure that the petitioner's life is protected from life threats. Therefore, the petitioner is directed to make a fresh representation, if he continues to have any real threat perception, to the second respondent, who shall cause such necessary enquiry and take such appropriate decision thereupon as may be necessary to protect the life, limb and liberty of the petitioner.

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

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

2.The Inspector of Police, Thakkalai Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.MAHESWARAN, Advocate ( SR-58172[F] dated 01/04/2019 ) Crl.O.P.(MD)No.4768 of 2019 01.04.2019 ES/14.05.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/