James v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.20003 of 2018 James

...Petitioner

Vs.

State rep.by 1.The Superintendent of Police, Thnei District, Theni.

2.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

3.The Inspector of Police, Rayappanpatti Police Station, Theni District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to issue order of direction directing the respondents to give police protection for life and limb of the petitioner, family members and his property based on the petitioner's representation dated 25.09.2018.

For Petitioner : Mr.S.Muniyandi For Respondents: Mr.A.Robinson Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking to give adequate police protection to the life and limb of the petitioner and his family members based on the representation of the petitioner dated 25.09.2018.

2.The allegations set out in the complaint of the petitioner are that the petitioner is residing at Theni District and running a trust viz., Ebenezer Gospel Hall & Bible Institute Trust at Surulipatti, Uthamapalayam Taluk, Theni District. The petitioner had registered the said trust at Kerala in the year 1995 and the said trust was running in a rented building and the petitioner has been conducting prayer. Thereafter, the petitioner in order to move the said trust to his own premises had purchased a property in survey No.1150 of 2B4, to an extent of 2186.25 sq.ft., from one Sivamani. The petitioner had collected donations from the followers and constructed a house at the above said Survey number after obtaining https://hcservices.ecourts.gov.in/hcservices/

proper building plan approval from the Panchayat. The petitioner is also conducting prayer and worship in the said premises. While so, some unknown persons had frequently pelted stones into the church and also threatened the petitioner. Hence, the petitioner sent a representation to the third respondent seeking police protection. Since no action has been taken on the representation, the present petition has been filed with the aforesaid prayer. 3.The learned counsel for the petitioner would submit that the petitioner is facing threat to his life and limb by certain persons, who are hailing stones into the prayer house. 4.The learned Government Advocate (Crl.side) would submit that based on the complaint an enquiry was conducted on 30.09.2018. During the enquiry the petitioner had informed him that there is no disturbance at present and he has not pressed the complaint stating that no further action is required. Recording the same, the respondent police has closed the complaint and a copy of the closure report is also produced before this Court.

5.In view of the above submission, this Criminal Original Petition is closed. However, if any further disturbance is caused to the petitioner's prayer centre, the respondent police shall take action in accordance with law.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police, Thnei District, Theni.

2.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

3.The Inspector of Police, Rayappanpatti Police Station, Theni District.

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

Crl.O.P.(MD).No.20003 of 2018 08.11.2018 https://hcservices.ecourts.gov.in/hcservices/ TA ES/SV/SAR 3/12.12.2018/2P/5C