Gujarat High Court Case Information System
Print
SCR.A/1961/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1961 of 2011
=========================================
PARVATIBEN
WD/O NATHUBHAI KHUSHALBHAI & 7 - Petitioner(s)
Versus
POLICE
INSPECTOR & 2 - Respondent(s)
=========================================
Appearance :
MR
NM KAPADIA for
Petitioner(s) : 1 - 8.
None for Respondent(s) : 1 - 2.
MR KP
RAVAL, APP for Respondent(s) :
3,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 02/09/2011
ORAL
ORDER
1. The
present Special Criminal Application under Article 226 of the
Constitution of India has been preferred by the petitioners for an
appropriate writ, order or direction quashing and setting aside the
impugned communication dated 09/05/2011 and consequently direct the
respondents to grant police protection/security or police bandobast
to the petitioners for a period of 30 days.
2. It
appears that as the petitioners were apprehending breach of law and
order by the persons named in the application dated 16/06/2011, they
requested for police protection/police bandobast while putting up
construction of compound wall and vide impugned communication the
same has been rejected by the office of the Commissioner of Police,
Surat on the ground that there is a Court case pending.
3. Shri
Kapadia, learned advocate appearing on behalf of the petitioners has
submitted that as such no Court case is pending and still the
application of the petitioners for police bandobast has been rejected
by the office of the Commissioner of Police, Surat.
4. On
an advance copy of the petition being served upon the learned APP,
Shri K.P. Raval, has appeared on behalf of the respondents and under
instructions from the concerned respondents has candidly admitted
that as such no Court case is pending except the proceedings under
Section 145 of the Code of Criminal Procedure. He has also stated at
the bar, under instructions from the concerned respondents, that
police protection/police bandobast can be granted to the petitioners
at their own cost and number of Police Officers required shall be
decided by the office of the Commissioner of Police, Surat and the
same shall be informed to the petitioners within a period of one week
from the date of receipt of the present order alongwith the
expenditure for the same. On such deposit, if there is no
prohibitory order passed by any Court, police protection/police
bandobast can be given to the petitioners as and when the petitioners
propose to put up the compound wall with prior intimation in advance.
4.1. Concerned
respondents are directed to act as stated hereinabove and consider
the request of the petitioners for grant of police protection/police
bandobast as and when they propose to put up the compound wall around
their own land, with prior intimation and at their own cost and
number of Police Officers required for police protection/police
bandobast shall be decided by the Commissioner of Police, Surat
within a period of one week from the date of receipt of the present
order and the petitioners shall also be intimated the approximate
expenditure for the same and on such deposit the prayer of the
petitioners for police protection/police bandobast be considered. If
it is found that there is any prohibitory order by any Court, in that
case, there is no question of granting any police protection/police
bandobast to the petitioners.
5. With
this, the present Special Criminal Application is disposed of.
Direct
service is permitted.
(M.R.
SHAH, J.)
siji
Top
