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Madras High CourtWP(MD)/28086/2022disposed of

Maha Suseendra v. The Director General Of Police

2023-01-04Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Maha Suseendra ... Petitioner Vs.

1.The Director General of Police, O/o. Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.The Inspector General of Police (Operation), O/o. Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3.The Inspector General of Police (Intelligence), O/o. Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

4.The Superintendent of Police, Special Branch CID, Race Course Road, Komaleswarampettai, Egmore, Chennai - 8.

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5.The Superintendent of Police, O/o.Superintendent of Police, Surveyor Colony, Moondrumavadi, K.Pudur, Madurai - 625 007.

6.The Inspector of Police, District Special Branch, O/o.Superintendent of Police, Surveyor Colony, Moondrumavadi, K.Pudur, Madurai - 625 007.

7.The Superintendent Police, Security Branch, CID, Chennai.

... Respondents (R7 is suo motu impleaded vide Court order dated 16.12.2022) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to provide sufficient police protection / Personal Security Officer (PSO) in tune with the recommendation of 6th respondent vide his proceeding Ref.No.Na.Ka.No.05/10/Ma.Tha.Po/ 2022 dated 20.01.2022 within the stipulated time period may be fixed by this Court.

For Petitioner : Mr.Niranjan S. Kumar For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 2/6

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents herein to provide sufficient police protection / Personal Security Officer (PSO) in tune with the recommendation of the sixth respondent vide his proceeding Ref.No.Na.Ka.No. 05/10/Ma.Tha.Po/2022 dated 20.01.2022 within the stipulated time that may be fixed by this Court.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that the private parties are not entitled to get the coverage of Personal Security Officer (PSO).

4. At this juncture, the learned counsel appearing for the writ petitioner would submit that the writ petitioner sought for police protection only and not for Personal Security Officer (PSO) and that the writ petitioner is ready to restrict the prayer for providing Gun man. 3/6

5. As rightly contended by the learned counsel appearing for the writ petitioner, the writ petitioner has sent a letter dated 20.01.2022 to the Additional Superintendent of Police, Madurai stating that the proposal for giving police protection to the writ petitioner has already been sent to the Inspector General of Police (Operation), Chennai for further action. He would further submit that the writ petitioner was granted police protection earlier. He would further submit that in the earlier petition in W.P.(MD)No.12858 of 2022, this Court, after recording the submission made by the learned Government Advocate (Criminal Side) that already police protection has been given to the petitioner, has closed the writ petition.

6. Now the learned Additional Public Prosecutor appearing for the respondents would submit that the representation of the writ petitioner dated 18.01.2021 is pending before the fifth respondent and that the writ petitioner may be directed to give afresh representation to the fifth respondent and on such representation, the fifth respondent may be directed to consider the representation of the writ petitioner within a time stipulated by this Court.

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7. Recording the submission made by the learned Additional Public Prosecutor, the writ petitioner is directed to give afresh representation along with the copy of this order to the fifth respondent and on receipt of the representation, the fifth respondent is directed to consider the same and pass orders in the light of the recommendation already made to the Inspector of Police (Operation), Chennai within a period of ten days from the date of representation.

8. With the above directions, this Writ Petition stands disposed of. 04.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Director General of Police, O/o. Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.The Inspector General of Police (Operation), O/o. Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3.The Inspector General of Police (Intelligence), O/o. Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004. 5/6

K.MURALI SHANKAR,J.

csm 4.The Superintendent of Police, Special Branch CID, Race Course Road, Komaleswarampettai, Egmore, Chennai - 8.

5.The Superintendent of Police, O/o.Superintendent of Police, Surveyor Colony, Moondrumavadi, K.Pudur, Madurai - 625 007.

6.The Inspector of Police, District Special Branch, O/o.Superintendent of Police, Surveyor Colony, Moondrumavadi, K.Pudur, Madurai - 625 007.

7.The Superintendent Police, Security Branch, CID, Chennai 8.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 04.01.2023 6/6