Manjula Chellur,CJ
Petitioners, claiming to be workers of Sunni Students Federation, a registered society is before this Court bringing on record that on 10.04.2013 at about 21.30 hrs respondents 5 to 11 along with 50 persons under the leadership of respondents 5 and 6 formed into an unlawful assembly, attacked petitioner with deadly weapons, as a result, grievous injuries were sustained and FIR came to be registered for offences punishable under Sections 143, 147, 148, 149, 323, 324, 341 and 326 IPC. Subsequent to this incident, in spite of lodging complaints and registration of case, respondents 5 to 11 continued their intimidation only with an intention to see that petitioners withdraw the case filed against them. On 12.04.2014 and 16.04.2014 respondent No.8 illegally trespassed into the institution where 3rd respondent is working and openly threatened him with dire consequences, if they are not ready to withdraw the case. Another complaint was also registered in this regard.
2. On the summons issued, respondents 5 to 11 have appeared and denied the allegation that there was an attack on the persons of petitioners as alleged in the writ petition. According to them, party respondents were falsely implicated in Crime No.592 of 2014 due to misunderstanding by police and at the instance of political opponents of the respondents. According to petitioners, the de facto complainant is the root cause of the problem and because of his act of destroying the posters and writings of election candidate on a wall the entire problem commenced. According to them, when he was trying to erase the writings on the wall, party respondents noticed the same, then he jumped from the wall and sustained injury.
3. However, we are not concerned with the falsity or the truth in the said allegation as the same is subject matter of a criminal case pending before the concerned authorities. On the other hand, they alleged that on 11.05.2014, 1st petitioner and others trespassed into the house of 6th respondent and attacked not only 6th respondent but his family members, which again resulted in registration of a criminal case at Tanur Police Station in Crime No.708/2014 for offences punishable under Sections 143,147,341,323,324,427 and 354 read with 149 IPC. According to Government Pleader, cases are registered against each other and there is no law and order disturbances as such at present and if such disturbance is caused on account of disputes between them, they will definitely bring the situation under control.
4. In the light of above facts and circumstances of the case, when cases against each other are being investigated, we fail to understand how one party alone can be protected against the other parties. In the light of disputes between the two sections, it is also necessary, the police should keep a vigil on the activities of both the parties and see, no further untoward incident takes place which can lead to disturbance of law and order.
With these observations, this writ petition is closed.
MANJULA CHELLUR, CHIEF JUSTICE
P.R.RAMACHANDRA MENON,
JUDGE.
sj 17/06