Muthukumaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.10108 of 2015 1.Muthukumaran 2.Raja .. Petitioners Vs 1.The Inspector of Police, Mailam Police Station, Mailam, Villupuram District.

2.Amsammal 3.Shanmugam 4.Sumathi 5.Kothai .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent to grant Police protection to the petitioners for putting up fence and compound wall in their property in Old S.No.118, New S.No.271/13B measuring an extent of 30 ft east west and 42 ft north south situate at Pathirapuliyur village, Tindivanam Taluk.

For Petitioners :Mr.N.Suresh For R1 :Mr.C.Emalias, Addll.Public.Prosecutor

ORDER

Seeking a direction to the first respondent Police to provide Police protection to the petitioners for putting up fence and compound wall in their property in Old S.No.118, New S.No.271/13B measuring an extent of 30 ft east west and 42 ft north south situate at Pathirapuliyur village, Tindivanam Taluk, the petitioners have come up with this petition.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent Police.

3.On 27.04.2015, this Court passed the following order: Today when the matter was called, the respondent Police is present with the case file. The learned Addl.Public Prosecutor submitted that the complaint which has been given by the petitioner to the respondent Police dated https://hcservices.ecourts.gov.in/hcservices/

28.02.2015 is different from the complaint that has been enclosed in the typed set of papers. Photocopy of the complaint from the Police record has been taken by this Court and the same has been handed over to the learned Counsel for petitioner to get instructions from his client. Post on 17.06.2015 "for orders".

Today, the learned Counsel for the petitioner seeks permission of this Court to withdraw the petition and permission is declined. It is seen that the complaint given by the petitioner to the Police is different from the complaint that has been enclosed in the typed set of papers. This Court deprecates such practice. Hence, this petition is dismissed with cost of Rs.5,000/- (Rupees Five Thousand only). The petitioner should pay the said cost to the Tamil Nadu Legal Services Authority, Chennai within four (4) weeks. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.The Member Secretary, Tamil Nadu State Legal Service Authority, Chennai.

2.The Inspector of Police, Mailam Police Station, Mailam, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.N.Suresh, Advocate,SR.29857.

Kji(co) krd 29/6 Crl.OP No.10108 of 2015 https://hcservices.ecourts.gov.in/hcservices/