C.M.Samy vs The Deputy Inspector General Of Police
2023 Latest Caselaw 15151 Mad

Madras High Court

C.M.Samy vs The Deputy Inspector General Of Police on 28 November, 2023

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                                  W.A.(MD)No.2023 of 2023


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 28.11.2023

                                                    CORAM:

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                     AND
                          THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                           W.A.(MD)No.2023 of 2023

                C.M.Samy                                                 ... Appellant

                                                      Vs.

                1.The Deputy Inspector General of Police,
                  Madurai Range, Madurai District.

                2.The Commissioner of Police,
                  Madurai City, Madurai.

                3.The Superintendent of Police,
                  Madurai District.                                      ... Respondents

                PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
                the order passed in W.P.(MD)No.8699 of 2013, dated 11.09.2023 on the file of
                this Court.


                                    For Appellant    : Mr.J.Vijayaraja
                                    For Respondents : Mr.E.Antony Sahaya Prabahar,
                                                      Additional Public Prosecutor


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https://www.mhc.tn.gov.in/judis
                                                                                         W.A.(MD)No.2023 of 2023




                                                          JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

This Writ Appeal has been instituted challenging the order dated

11.09.2023 passed in W.P.(MD)No.8699 of 2023.

2.The request of the writ petitioner, who is a practising Advocate and

Social activist, to provide police protection was rejected by the learned Single

Judge mainly on the ground that the respondent Police had filed detailed report,

showing number of criminal cases pending against the writ petitioner / practising

Advocate. The 3rd respondent filed status report, who is the authority to provide

police protection. The report says that the Police conducted inquiry in respect of

threat perception of the writ petitioner and found that there is no threat to his life

and liberty and declined to provide armed protection.

3.Pertinently, the writ petitioner himself is an accused in two criminal

cases. That being so, we do not find any error in arriving a conclusion for

rejection of the claim set out by the writ petitioner in the Writ proceedings.

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

4.Seeking police protection must be based on certain concrete reasons

during the enquiry by the Superintendent of Police. In the present case, the

Superintendent of Police, Madurai found that there is no threat perception

requiring police protection and that being the factum established, we are not

inclined to interfere with the order passed by the learned Single Judge, which is

impugned. Accordingly, this Writ Appeal stands dismissed. No costs.

                                                                  (S.M.S., J.) & (V.L.N., J.)
                                                                             28.11.2023
                NCC      : Yes / No
                Index : Yes / No
                Internet : Yes / No

                Yuva
                To

1.The Deputy Inspector General of Police, Madurai Range, Madurai District.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Superintendent of Police, Madurai District.

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

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

Yuva

28.11.2023

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