Disposed

Dr. B.Ramaswamy v. the Commissioner of Police

Madras HC2 Feb 2023CRL OP/1691/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras disposed of a Criminal Original Petition seeking police protection for the petitioner, an Advocate, who faced a physical attack. The Court directed the respondents to consider the petitioner's representation for an armed police escort, subject to Security Committee approval, within four weeks.

What did the court decide?

Directed respondents to consider the petitioner's representation for armed police escort and pass appropriate orders within four weeks.

Dr. B.Ramaswamy Vs the Commissioner of Police — Writ and Judicial Review | Madras HC (2023)

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Crl.O.P.No.1691 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.02.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

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Crl.O.P.No.1691 of 2023

B.Ramaswamy

Petitioner

-vs-

1.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road,

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Vepery, Chennai – 600 007.

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2.The Assistant Commissioner of Police, Anna Nagar Range, Chennai.

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3.The Inspector of Police, JJ Nagar Police Station, Anna Nagar,

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Chennai.

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Thol.Thirumaavalavan

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... Respondents

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Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. directing the respondents 1 to 3 to provide adequate Police Protection to the petitioner and his family member, within the time as specified by this Court.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.1691 of 2023

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For Petitioner ... Mr.Isaac Mohanlal Senior Advocate for M/s.Isaac Chambers For Respondents ... Mr.S.Santhosh Government Advocate (crl.side) ORDER

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This Criminal Original Petition has been filed seeking for a direction

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the respondents 1 to 3 to provide adequate Police Protection to the petitioner and his family member, within the time as specified by this Court.

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The learned counsel for the petitioner submitted that the petitioner

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is an Advocate practising in Supreme Court of India and he is holding various posts namely Core Committee of Adivakta parishad of Supreme Court Unit, State Secretary of Desiya Chinthanai Kazhagam-DCK (Tamil Nadu Unit of All India PrajnaPravah), Columnist & Chief Editorial Member of DesiyaMurasu (English Edition) of DCK of RSS and CoConvener of RSS Delhi Prant and All India Public Outreach Team. He further submitted that, earlier he filed Crl.O.P.No.29243 of 2022 to register a criminal case against Thiru.Thol.Thirumaavalavan. When that case is pending, on 18.12.2022 at about 8.45 pm, when he was travelling in his

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.1691 of 2023

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Innova car bearing Registration No. DL 8CAF6313 near Iyyampatty four road Junction, five unidentified persons started attacking his car with iron rods and eggs. As a result, his car suffered damage and then the accused persons escaped from that place. He found flag of Viduthalai Siruthigal Katchi in that place. Thereafter, he gave a complaint in that regard. On the basis of the complaint, First Information Report in Crime No.115 of 2022 was registered for the offences under Sections 143, 147, 341, 427 and 323 of IPC by Salaigramam Police Station and investigation is pending. Apprehending harm from the followers of Viduthalai Siruthaigal Katchi that, they can cause harm to him, he gave representation to the Assistant Commissioner of Police and Inspector of Police, JJ Nagar Police Station on 04.01.2023, seeking police protection. So far, no police protection is given, therefore, he filed this petition.

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The learned Additional Public Prosecutor (Criminal Side)

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submitted that petitioner is requesting armed police protection. His request has to be considered on the actual threat perception and the request has to be processed by the Security Committee and only then, orders will be passed.

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.1691 of 2023

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Considered the rival submissions. Perused the records.

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It is seen from the submission of the learned counsel for the

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petitioner that the petitioner is facing threat from Viduthalai Siruthaigal Katchi followers, for the reason that, he is opposing the 4^th respondent namely Thiru.Thol.Thirumaavalavan. He also submitted that, on an earlier occasion also, when attack was made against the petitioner, no police protection was given to him, despite submitting requisition for police protection. Even now, not only his car was attacked, but petitioner was also harmed.

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Considering the submissions of the learned counsel for the petitioner and learned Additional Public Prosecutor that, petitioner's representation dated 04.01.2023 will be considered, in the light of the threat perception and that decision has to be taken by Security Committee for providing Armed police escort, this Court directs the respondents to consider the representation of the petitioner dated 04.01.2023, in the light

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.1691 of 2023

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of earlier violent incidents that were committed against the petitioner, to the registration of the First Information Report in Crime No.115 of 2022 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this Order.

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

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02.02.2023

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Index: Yes/No Internet: Yes/No Speaking/Non speaking order

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gd Note:Issue order copy on 03.02.2023.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.1691 of 2023

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G.CHANDRASEKHARAN, J.

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1.The Principal special Court for trial of SC/ST Act cases, Villupuram

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2.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai – 600 007.

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3.The Assistant Commissioner of Police, Anna Nagar Range, Chennai.

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4.The Inspector of Police, JJ Nagar Police Station, Anna Nagar, Chennai.

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5.The Public Prosecutor, High Court, Madras.

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Crl.O.P.No.1691 of 2023

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02.02.2023

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https://www.mhc.tn.gov.in/judis

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Page 6 of 6

Dr. B.Ramaswamy v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

Dr. B.Ramaswamy v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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