Allowed

D.Ravi, Aged 45 Years, v. the Inspector of Police

Madras HC7 Feb 2018CRL OP/3564/2018

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 CrPC for permission to conduct a cultural programme during a temple festival. Permission was granted subject to conditions ensuring no obscene content, political or communal politics, discrimination, or violation of time limits.

What did the court decide?

Petitioner permitted to conduct dance programme between 06.30 p.m. and 11.00 p.m. on 07.03.2018 subject to conditions prohibiting obscene content, political/communal themes, discrimination, and ensuri

D.Ravi, Aged 45 Years, Vs the Inspector of… — Civil Procedure and Limitation | Madras HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 07.02.2018

¶3

CORAM

¶4

THE HONOURABLE Mr.JUSTICE M.S.RAMESH

¶5

Crl.O.P.No. 3564 of 2018

¶6

D.Ravi .. Petitioner

¶7

The Inspector of Police, Virunjipuram Police Station, Virunjipuram Taluk, Vellore District. .. Respondent

¶8

Prayer:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent authority to give police protection and permission to conduct Cultural Programme (Adal Padal) at Poigai Mottur Arulmigu Sree Aiyanmar Temple Festival at Anaikattu Taluk, Vellore District on 07.03.2018 by considering the petitioner's representation dated 03.02.2018.

¶9

For Petitioner : Mr.A.Sathishkumar For Respondent : Mr.C.Raghavan, Government Advocate(Crl. Side)

¶10

Seeking permission to conduct cultural programme in the event of Vesanam Arulmigu Sree Periyasamy Temple Festival at Virunjipuram Taluk & District , the petitioner made a representation dated 03.02.2018 to the respondent. As the same has not been considered, the present Criminal Original petition has been filed.

¶11

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent.

¶12

Learned Government Advocate (Crl. side), on instructions, would submit that there is likelihood of arising law and order problem.

¶13

A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter,

¶14

https://hcservices.ecourts.gov.in/hcservices/

¶15

the Criminal Original petition is allowed and the petitioner is permitted to conduct dance programme in the event of Vesanam Arulmigu Sree Periyasamy Temple Festival at Virunjipuram Taluk & District , however, with the following conditions:-

¶16

(a) The cultural programme in connection with in the event of Vesanam Arulmigu Sree Periyasamy Temple Festival at Virunjipuram Taluk & District shall be conducted on 07.03.2018 between 06.30 p.m. and 11.00 p.m.

¶17

(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (c) Double meaning songs should not be played so as to spoil the minds of students and youths.

¶18

(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.

¶19

(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

¶20

(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

¶21

(g) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and

¶22

(h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.

¶23

(i) The respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

¶24

s/d-

¶25

Assistant Registrar(CS VIII)

¶26

True Copy

¶27

Sub-Assistant Registrar

¶28

vum/nl

¶29

¶30

The Inspector of Police, Virunjipuram Police Station, Virunjipuram Taluk, Vellore District.

¶31

https://hcservices.ecourts.gov.in/hcservices/

¶32

2.The Public Prosecutor, High Court, Madras.

¶33

+1 CC to Mr.A. Sathish Kumar, Advocate sr 9212.

¶34

Crl.O.P.No.3564 of 2018

¶35

SP(12/02/2018)

¶36

https://hcservices.ecourts.gov.in/hcservices/

D.Ravi, Aged 45 Years, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

D.Ravi, Aged 45 Years, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

A.Leema Mary, A/22 Vs State Rep by

Dr.S.M.Zambia, Aged 53 Years, Vs the Commissioner of Police

Pramila Sankaran, Vs the Commissioner of Police

B.Gunasekaran, Vs State by

Mr.a.Rajasekar, S/O.Arjunan, Vs State Rep.by Its the Inspector

A.Karthi, Aged 48 Years, Vs State by