P.Sivakumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.1163 of 2022 and Crl.O.P.No.1242 of 2022 P.Sivakumar

...Petitioner in both petitions

Vs 1.The Superintendent of Police, Krishnagiri District.

2.The Deputy Superintendent of Police, Uttankarai, Krishnagiri District.

3.The Inspector of Police, Uttankarai Police Station, Krishnagiri District.

4.T.Palanisamy 5.P.Saravanakumar 6.G.Duraisamy 7.K.V.Chandran 8.P.Sundaram

...Respondents in both petitions

Prayer in W.P.No.1163 of 2022: Writ Petition filed under Article 226 Constitution of India, praying to issue a writ of Mandamus, directing the 1st and 2nd respondent to initiate Departmental Enquiry/Action as against the 3rd respondent who kept the petitioner in an illegal custody and obtained his signature in the Compromise Agreement dated 29.12.2021

forcibly and thereby closed the petitioner's complaint without any action and consequently direct the 3rd respondent not to deal/interfere with his property issued in respect of patta land to an extent of 40 Cents, comprised in Survey No.27/2E, situated at Chengam Road, Uttangkarai, Krishnagiri District and to pass a suitable order within a stipulated time by considering the petitioner's representation/complaint dated 12.01.2022. Prayer in Crl.O.P.No.1242 of 2022; Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the 1st and 2nd respondent police to grant an adequate police protection to the petitioner and his agricultural land property to an extent of 40 cents, comprised in Survey No.27/2E, situated at Chengam Road, Uttangkarai, Krishnagiri District, by iniating appropriate actions against the accused persons based on the complaint given by the petitioner dated 27.12.2021 on the file of the respondent police.

(In W.P.No.1163 of 2022) For Petitioner : Mr.N.Vijaya Basker For Respondents For R1 & R2 : Mr.E.Raj Thilak Additional Public Prosecutor (In Crl.O.P.No.1242 of 2022) For Petitioner : Mr.N.Vijaya Basker For Respondents

For R1 to 3 : Mr.E.Raj Thilak Additional Public Prosecutor For R4 to 8 : Mr.V.Rangasubramanian

O R D E R

Writ Petition No.1163 of 2022 has been filed to direct the the 1st and 2nd respondent to initiate Departmental Enquiry/Action as against the 3rd respondent who kept the petitioner in an illegal custody and obtained his signature in the Compromise Agreement dated 29.12.2021 forcibly and thereby closed the petitioner's complaint without any action and consequently direct the 3rd respondent not to deal/interfere with his property issued in respect of patta land to an extent of 40 Cents, comprised in Survey No.27/2E, situated at Chengam Road, Uttangkarai, Krishnagiri District and to pass a suitable order within a stipulated time by considering the petitioner's representation/complaint dated 12.01.2022.

2. Criminal Original Petition has been filed to direct the 1st and 2nd respondent police to grant an adequate police protection to the petitioner and his agricultural land property to an extent of 40 cents, comprised in Survey No.27/2E, situated at Chengam Road, Uttangkarai, Krishnagiri

District, by initiating appropriate actions against the accused persons based on the complaint given by the petitioner dated 27.12.2021 on the file of the respondent police.

3. The learned Additional Public Prosecutor appearing for the respondents police submitted that based on the complaint lodged by the petitioner, the third respondent police had conducted an enquiry and the same has been closed.

4. Recording the said submission, the writ petition stands dismissed. No costs. In view of the order passed in W.P.No.1163 of 2022, the Criminal Original Petition No.1242 of 2022 stands closed. However, the petitioner is at liberty to lodge a private complaint in the manner known to law, if so advised.

14.09.2022 Index: Yes/No Speaking/Non-speaking order ata

To 1.The Superintendent of Police, Krishnagiri District.

2.The Deputy Superintendent of Police, Uttankarai, Krishnagiri District.

3.The Inspector of Police, Uttankarai Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

ata W.P.No.1163 of 2022 and Crl.O.P.No.1242 of 2022 14.09.2022