G.Nagarajan v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Nagarajan S/o.Ganesan ... Petitioner Vs.

1.The Superintendent of Police, Thiruvallur, Thiruvallur District.

2.The Inspector of Police, D2, Thiruvalangadu Police Station, Thiruvallur District.

3.Kumari W/o.Murugesan 4.M.Vedhachalam S/o.Murugesan 5.Ramya D/o.Murugesan 6.Rubalingam

...Respondents

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PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, seeking a direction to the second respondent on the basis of the representation dated 03.02.2024 given to the respondents 1 and 2 to give protection to the petitioner and his workers in respect of the property at Survey Nos.74/17 and 74/18 situated in Thiruvalangadu Panchayat Union, Thiruthani Taluk, Thiruvallur District. For Petitioner : Mr.K.Kathiresan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 & R2] *****

O R D E R

This Criminal Original Petition has been filed seeking a direction to the second respondent to give protection to the petitioner and his workers on the basis of the representation dated 03.02.2024 given to the respondents 1 and 2 in respect of the property at Survey Nos.74/17 and 74/18 situated in Thiruvalangadu Panchayat Union, Thiruthani Taluk, Thiruvallur District.

2. Heard Mr.K.Kathiresan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents 1 and 2.

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3. Learned Additional Public Prosecutor appearing for respondents 1 and 2 submitted that on the complaint given by the petitioner, a petition enquiry is pending in CSR No.64 of 2022 on the file of the second respondent police and a final decision will be taken on the complaint given by the petitioner.

4. The second respondent is directed to conduct enquiry in keeping with the judgment of the Supreme Court of India in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353, wherein the Supreme Court has enumerated the nature of cases where preliminary enquiry can be conducted and has also restricted the period, for which preliminary enquiry can be conducted. The second respondent is also directed to complete the enquiry in the case and take a decision within a period of two (2) weeks from the date of receipt of a copy of this order. The second respondent shall also take into consideration the judgment passed in O.A.No.8 of 2007, dated 30.07.2016 and A.S.No.1 of 2017, dated 29.04.2019.

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N.ANAND VENKATESH, J gm With the above direction, this Criminal Original Petition is disposed of.

27.02.2024 Index : Yes/No Speaking Order/Non-speaking Order gm To 1.The Superintendent of Police, Thiruvallur, Thiruvallur District.

2.The Inspector of Police, D2, Thiruvalangadu Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court of Madras.

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