Disposed

A.H.L.Billy, v. the Superintendent of Police

Madras HC3 Apr 2019CRL OP(MD)/5009/2019

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court, in a Criminal Original Petition filed under Section 482 Cr.P.C, directed the second respondent to conduct a necessary enquiry regarding threats to the petitioner. The court held it cannot order 24x7 police protection and left the decision on protection measures to the Superintendent of Police based on threat assessment. The petition was disposed of.

What did the court decide?

Directed the Second Respondent to conduct a necessary enquiry and take appropriate steps to protect the petitioner from police proceedings on the filed complaint.

A.H.L.Billy, Vs the Superintendent of… — Constitutional and Fundamental Rights | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 03.04.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5009 of 2019

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A.H.L.Billy ... Petitioner

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/Vs./

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1.The Superintendent of Police, Thirunelveli District.

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2.The Inspector of Police, Muneerpallam Police Station, Thirunelveli District.

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3.Rasaiya

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4.Johnson Jebakumar ...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the 2^nd respondent for police protection for petitioner's management office bearer's life and limb and consequently restrain the 3^rd and 4^th respondents wrongful entry in S.No.1248/23 as CMS Church School Play Ground situated in Adaimithipankulam, Tirunelveli District as per the order in O.S.No.142 of 2018 dated on 11.02.2019.

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For Petitioner : Mr.M.M.Manivelpandian For R-1 & R-2 : Mr.V.Neelakandan Additional Public Prosecutor

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ORDER

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The petitioner complains that he has laid a suit in O.S.NO.142 of 2018 on the file of the Principal District Munsif, Tirunelveli, against the third and fourth respondents for declaration and injunction and the trial Court has passed a decree in his favour on 11.02.2019. Inspite of that he faces threat to his possession from the private respondents.

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Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

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The learned Additional Public Prosecutor submitted that the complaint preferred by the petitioner is pending in C.S.R.No.120 of 2019.

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Inasmuch as the complaint preferred by the petitioner is pending enquiry, the second respondent is directed to cause such necessary enquiry on the complaint preferred by the petitioner and https://hcservices.ecourts.gov.in/hcservices/ take such appropriate decision as may be necessary to protect the life, limb, liberty and right to the property of the petitioner.

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With the above direction, this Criminal Original Petition is disposed of.

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It is made clear that this Court does not order granting of police protection 24 x 7 and the second respondent is left to decide on the basis of the objective assessment of the threat perception of the petitioner from time to time.

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Sd/-

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Assistant Registrar // True Copy //

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Sub Assistant Registrar(CS)

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1.The Superintendent of Police, Thirunelveli District. 2.The Inspector of Police, Muneerpallam Police Station, Thirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.M.M.Manivelpandian, Advocate, SR.No.58652

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Crl.O.P.(MD)No.5009 of 2019 03.04.2019

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KK/SAR/26.04.2019/ 2P- 5C

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

A.H.L.Billy, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

A.H.L.Billy, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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