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Showing contexts for: police help... in Shrimati Ratnabai, Adv. W/O Narayanrao ... vs Shri Satwarao S/O Narayanrao Naik on 17 June, 1994Matching Fragments
There may be cases where the decree-holder may pray for police help due to the general disturbance in the locality for which execution without police help cannot be possible. There may be cases where in spite of repeated obstructions by the judgment-debtor or any person at his instance the decree-holder cannot get possession, but the Court's bailiff of the decree-holder faces serious breach, of peace or personal danger at the time of execution of the decree. In such cases also the Court will consider whether police help will be essential for the execution of the Court's decree to see that such decree is respected and executed. For application for grant of Police help, there need not be any actual resistance and such a help can be prayed for and such a procedure can be availed of at any time even when breach of peace is apprehended or anticipated. Police help is an aid to execution, not the execution by itself.
"I hold it to be the duty of the Commissioner of Police, as it is of every Chief Constable to enforce the law of the land. . . . but in all these things he is not the servant of anyone, save of the law itself. The responsibility for law enforcement lies on him. He is answerable to the law and to the law alone."
8. It is no doubt that the Police help is an extraordinary mode or procedure to implement the execution of the decree or orders. In other words, Police help is to be regarded as an extreme step, and as such it should not be recommended unless the Court is fully convinced of the existence of a grave emergency. Therefore, a decree-holder praying for police help has to state whether such help is required either;
9. Shri Sambre, the learned counsel for the applicants relied on a case of Subal Kumar Dev v. Purna Chandra Giri, (single Bench) and submitted that Considering the facts and circumstances of the case, there was no need to grant police help and, therefore, the order impugned deserves to be set aside. The facts of the case in hand and case cited supra are altogether different. In the case cited supra an ex parte order of injunction was passed. Proceeding for violation of order was pending and, therefore, under the circumstances, in the case cited supra it is held that there was no need to grant police help for implementation of ex parte injunction order. However, it is further observed that to give direction for police help would depend upon the facts and circumstances of the case. Therefore, the case cited supra is of no help to the applicants.
10. Moreover, the High Court can only interfere with the order passed by the Subordinate Court, if it is passed without jurisdiction or there is an a ex facie mistake or the order is vitiated by any irregularity. The learned trial Court has considered all the aspects and passed the order satisfying himself granted police help on depositing necessary fees with the concerned Police Station in his inherent jurisdiction for the ends of justice.
11. Considering the facts and circumstances of the case there is no substance to disturb the order passed by the learned trial Court.