M.Mohamed Bashim v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.8290 of 2024 M.Mohamed Bashim ... Petitioner Vs

1. The Commissioner of Police, O/o.The Commissioner of Police, Trichy City.

2. The Inspector of Police, Gandhi Market Police Station, Trichy, Trichy District.

3. A.Abdul Saleem

4. S.Mohamed Rabeek

5. M.Abuthahir

6. A.Ojeer Batcha ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the first respondent to direct the second respondent to give adequate police protection to the life and limb of the petitioner and his family members, by considering the petitioner's complaint dated 17.04.2024, within the period stipulated by this Court. 1/5

For Petitioner : Mr.S.Atham Ali For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R3 to R6 : Mr.D.S.Haroon Rasheed

O R D E R

This criminal original petition has been filed seeking a direction to the respondent police to give adequate police protection to the life and limb of the petitioner and his family members, 2.The grievance of the petitioner is that the private respondents are preventing him from discharging his function as Imam in Al Muhammadhiyaa mosque and also attempted to assault him. 3.The learned Additional Public Prosecutor submits that that petitioner has sent some complaints through online. The respondent police has issued summons twice to the petitioner. However, he has not appeared and now, he has filed this petition.

2/5

4.The learned counsel appearing for the private respondents submits that the petitioner has tried to sexually abuse a small child, who has come to the Jamath for the purpose of learning Arab. Therefore, the Jamathars have agitated as against the petitioner and he was relieved from the post of Imam. He has filed a document to that effect.

5.Considering the rival submissions made, this Court feels that it appears to be an internal affairs of the Jamath. The petitioner has to workout his remedy in the manner known to law either by lodging a complaint before the Wakf Board or by filing a suit. In the event if anybody is taking law into their hands, it is always open to the petitioner to lodge a specific complaint, the manner in which, the offence has been committed. 6.With the above observation, this criminal original petition is dismissed.

01.07.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR 3/5

To

1. The Commissioner of Police, O/o.The Commissioner of Police, Trichy City.

2. The Inspector of Police, Gandhi Market Police Station, Trichy, Trichy District.

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

4/5

B.PUGALENDHI , J.

LR CRL.O.P (MD) No.8290 of 2024 01.07.2024 5/5