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SUPREME COURT OF INDIA
PINKIBASRA
Versus
State of Punjab
Decided on : January 13, 2000
LEAVE - Police Protection - Appellant permitted to file complaint before Magistrate for necessary allegations or accusations of various offences committed against him. Appellant permitted to make application before Magistrate for police protection.
Fact of the Case:
The appellant raised grievances against the high handedness of the police, countered by the Senior Superintendent of Police, Ludhiana. The court observed that the appellant can file a complaint before the Magistrate for necessary allegations or accusations of various offences committed against him and can also apply for police protection.
Finding of the Court:
The court permitted the appellant to file a complaint before the Magistrate and make an application for police protection to ensure personal protection for the appellant.
Issues: Grievances against police high handedness, counter allegations by Senior Superintendent of Police, appellant's request for police protection.
Ratio Decidendi: The court allowed the appellant to seek legal recourse by filing a complaint before the Magistrate and applying for police protection to ensure personal safety.
Final Decision: The appeal was disposed of with the appellant permitted to file a complaint before the Magistrate and make an application for police protection.
( 1 ) LEAVE granted.
( 2 ) APPELLANT has highlighted a lot of grievances against the high handedness of the police but the Senior Superintendent of Police, Ludhiana in the reply affidavit has sought to counter all those allegations. In this situation all what we can do is to make the observation that it is open to the appellant to file complaint or complaints before the Magistrate concerned in which necessary allegations or accusations of the various offences committed against him can be described. If any such complaint is filed before a Magistrate the same shall be looked into and the procedure required by law shall be resorted to by the Magistrate concerned. In order to ensure personal protection for the appellant we permit him to make an application before the Magistrate concerned for affording police protection to him. If the Magistrate is satisfied that appellant must be given police protection for the effective prosecution of his case the Magistrate shall pass appropriate orders thereon.
( 3 ) WITH these observations and directions we dispose of this appeal. Order accordingly.
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