Dismissed

Muhammad Mujeebur Rahman v. the State Rep by

Madras HC27 Jun 2022CRL OP/2474/2022

Case brief

AI extract

What is this about?

The Court dismissed a Criminal Original Petition seeking police protection under Section 482 Cr.P.C., holding that such blanket protection cannot be granted where property rights are unproven and rights remain undetermined by a civil forum.

What did the court decide?

Criminal Original Petition is closed; parties to establish their right in the proper forum, namely the relevant Tribunal.

Muhammad Mujeebur Rahman Vs the State Rep by — Property and Title | Madras HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 27.06.2022

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

¶5

Crl.O.P.No.2474 of 2022

¶6

Muhammad Mujeebur Rahman ...Petitioner

¶7

Vs.

¶8

The State represented by, The Inspector of Police, J-1 Police Station, Saidapet, Chennai – 600 015.

¶9

S.Ayub Khan ...Respondents

¶10

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to direct the respondent police to consider his representation dated 25.12.2021 on the file of respondent police providing him police protection.

¶11

For Petitioner : M/S.Shaikh Mehrunnisha Kasim

¶12

For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor

¶13

ORDER

¶14

This Criminal Original Petition has been filed seeking to direct the respondent Police to give Police protection to the petitioner.

¶15

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

¶16

3.At the outset, this Court is of the view, such a blanket police protection cannot be granted particularly, when the parties are claiming right over the property. Even the allegations are yet to be proved there cannot be any blanket order. In this aspect, the Hon'ble Apex Court in the case of ''PR.Muralidharan and others Vs.Swami Dharmananda Theertha Padar'' reported in 2006 4 SCC 501 as held as follows:

¶17

''...19.A Writ for ''Police Protection“ socalled, has only a limited scope, as when the

¶18

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

¶19

Court is approached for protection of rights declared by a decree or by an order passed by a civil Court. It cannot be extended to cases where rights have not been determined either finally by the civil Court or, at least at an interlocutory stage in an unambigous manner, and then too in furtherance of the decree or order.''

¶20

4.In such view of the matter, this Criminal Original Petition is closed. However, the parties shall establish their right in the proper forum namely the Tribunal constituted for the purpose.

¶21

Sd/Assistant Registrar(CCC)

¶22

//True Copy//

¶23

Sub Assistant Registrar

¶24

ham/shk

¶25

¶26

The Inspector of Police, J-1 Police Station, Saidapet, Chennai – 600 015.

¶27

The Public Prosecutor, High Court of Madras.

¶28

Crl.O.P.No.2474 of 2022

¶29

SR(CO) RGA(07/07/2022)

¶30

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

Muhammad Mujeebur Rahman v. the State Rep by

Case brief

What is this about?

What did the court decide?

Muhammad Mujeebur Rahman v. the State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dayalan Vs State Rep by

Rajkumar @ Bommi Vs the Inspector of Police

D.K.v.Gangatharan Vs Inspector of Police

R.Vignesh Vs the State Rep by

G.Kannan Vs the Superintendent of Police

Kesavan Vs State Rep by