High Court dismissed criminal writ petition seeking police protection and directives to follow D.K. Basu guidelines, rejecting vague allegations of threats and noting guidelines are already applicable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MSS
: 1 :
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2445 OF 2005
---------------------------------------------------------
Office notes, office :
Memoranda of Coram, :
appearances, Court’s : Court’s or Judge’s Orders
orders or directions :
& Registrar’s orders. : .
---------------------------------------------------------
Mr. R. D. Suryawanshi for
applicant
Mr. A. S. Shitole, APP
CORAM: SMT. RANJANA DESAI &
ANOOP V. MOHTA, JJ.
DATED: 18/10/2005
P.C.:-
The petitioner is the wife of one
Machhindra Keni. It is stated in the
petition that petitioner’s husband is
involved in 7 cases out of which he
has been acquitted in two cases. In
one case he was charged for an offence
under Section 307 of the Indian Penal
Code. He was convicted by the trial
court. The appeal has been admitted
in this court and he has been released
on bail. As of today four criminal
cases are pending against him.
Though the particulars of cases in
MSS
: 2 :
which the petitioner has been
acquitted have been given in the
petition. The particulars of the
cases which are pending have not been
given in the petition. There are 19
respondents in this petition out of
which 14 respondents are Senior Police
Inspectors of different police
stations of Thane district.
The petitioner has made several
prayers. She has sought protection
and she has also prayed that the
police be directed to follow the
guide-lines laid down by the Supreme
Court in the case of D. K. Basu v.
State of West Bengal, 1997 S C C (Cri)
92.
We have carefully perused the
petition. We find that the contents
of the petition are vague. There are
no specific allegations made against
the police. It is alleged that the
petitioner and her husband are
receiving telephonic calls late in the
night from various police stations
giving threats that the husband of the
MSS
: 3 :
petitioner will be killed in fake
encounter. On such vague averments
orders directing police to grant
protection cannot be passed. For
protection it is always open for the
petitioner to make necessary
application to the Commissioner of
Police Thane city and Superintendent
of Police, Thane District. We are
sure that if such an application is
made making clear averments, the
Commissioner of Police, Thane will
consider it in accordance with law.
As regards guide-lines given by the
Supreme Court in D. K. Basu’s case
are concerned, needless to say that
they are applicable to all the police
stations.
With this observation petition is
disposed of.
2 issues framed by the court
Whether writ petition seeking police protection and directions to follow D.K. Basu guidelines can be granted on vague averments.
Whether specific allegations against the police are necessary to pass protection orders.
Colour shows how this judgement treated each authority
D. K. Basu v. State of West BengalExplained¶29
D. K. Basu v. State of West Bengal, 1997 S C C (Cri) 92 · Who else cites this
Ranjana Desai
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court