Sunday 22 May 2022

Whether Magistrate can grant police protection to a person if a person is feeling danger from the police?

 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.

In exceptional cases, the magistrate can exercise power to grant such protection.

Supreme Court of India
Pinkibasra vs State Of Punjab And Ors. on 13 January, 2000
Equivalent citations: JT 2000 (2) SC 467, (2000) 9 SCC 46
Author: K Thomas
Bench: K Thomas, M Shah


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.

Print Page

No comments:

Post a Comment