Karnataka HC Issues Guidelines To Be Followed By Trial Courts Before Granting Police Protection u/s 151 CPC

Karnataka HC Issues Guidelines To Be Followed By Trial Courts Before Granting Police Protection u/s 151 CPC

  • Case Name: Balakrishna K P & Anr v K P Puttaraju & Ors.

The Karnataka High Court held that trial courts may invoke their inherent power under Section 151 of the Civil Procedure Code to grant police protection or aid, but only after evaluating key factors.

The key factors include whether a temporary injunction is in place, if there are repeated violations that jeopardise the court’s order, whether granting or denying police protection would undermine the ends of justice, or a prima facie case exists based on pleadings and evidence, etc.

The court stressed that such protection cannot be granted mechanically, and must be justified and reasoned in each instance. 

Read Order / 5 months ago

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