Allowed

C.N.Settu, M/a 45 Yrs, v. the Superintendent Police

Madras HC14 Feb 2018CRL OP/4413/2018

Case brief

AI extract

What is this about?

The Court allowed the Criminal Original Petition filed under Section 482 Cr.P.C., permitting the petitioner to conduct a cultural dance program despite police apprehensions of law and order issues. Permission is subject to eight specific conditions ensuring no obscene content, discrimination, or political/communal displays.

What did the court decide?

Criminal Original Petition allowed; petitioner permitted to conduct dance program subject to eight specific conditions regarding time, content, neutrality, and police intervention upon violation.

C.N.Settu, M/a 45 Yrs, Vs the Superintendent Police — Writ and Judicial Review | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.02.2018

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CORAM

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THE HONOURABLE Mr.JUSTICE M.S.RAMESH

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Crl.O.P.No. 4413 of 2018

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C.N.Settu

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.. Petitioner

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Vs 1.The Superintendent of Police, District Police Office, Vellore, Vellore District. 2.The Inspector of Police, Rural Police Station, Vaniyambadi, Vellore District. .. Respondents

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Prayer:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondents to give police protection to conduct a festival dance program between 5.00 p.m. to 11.00 p.m. on 15.02.2018 at "Arulmigu Sri Kaaliamman Thirukoil" situate at Purushothamma Kuppam, Girisamuthiram Village, Vaniyambadi Taluk, Vellore District by considering the petitioner's representation dated 11.02.2018.

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For Petitioner : V.PRABHU For Respondents : Mr.C.Raghavan, Government Advocate(Crl. Side) O R D E R

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Seeking permission to conduct cultural programme in the event of "Arulmigu Sri Kaaliamman Thirukoil" situate at Purushothamma Kuppam, Girisamuthiram Village, Vaniyambadi Taluk, Vellore District, the petitioner made a representation dated 11.02.2018 to the respondent. As the same has not been considered, the present Criminal Original petition has been filed.

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

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

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

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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, the Criminal Original petition is allowed and the petitioner is permitted to conduct dance programme in the event of "Arulmigu Sri Kaaliamman Thirukoil" situate at Purushothamma Kuppam, Girisamuthiram Village, Vaniyambadi Taluk, Vellore District, however, with the following conditions:-

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(a) The cultural programme in connection with in the event of "Arulmigu Sri Kaaliamman Thirukoil" situate at Purushothamma Kuppam, Girisamuthiram Village, Vaniyambadi Taluk, Vellore District shall be conducted on 15.02.2018 between 06.30 p.m. and 11.00 p.m.

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(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

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

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

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

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(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

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

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(i) The 2^nd respondent is directed to issue necessary permission, incorporating the above conditions.

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Asst.Registrar (CS II )

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/true copy/

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Sub Asst. Registrar

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

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1.The Superintendent of Police, District Police Office, Vellore, Vellore District.

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2.The Inspector of Police, Rural Police Station, Vaniyambadi, Vellore District.

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3.The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.4413 of 2018
KAN(CO)
NR 14/02/2018

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

C.N.Settu, M/a 45 Yrs, v. the Superintendent Police

Case brief

What is this about?

What did the court decide?

C.N.Settu, M/a 45 Yrs, v. the Superintendent 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

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