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Madras High CourtCRL OP/845/2018disposed of

Dr.S.Kavi, F/A 36 Years, v. The Commissioner Of Police,

2018-02-23Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.O.P.No. 845 of 2018 Dr.S.Kavi .. Petitioner Vs.

1.The Commissioner of Police, Chennai City Police, Vepary, Chennai - 600 007.

2.The Inspector of Police, M-4, Redhills Police Station, Redhills, Chennai - 600 052.

3.Prem Kumar @ Prem 4.Revathi .. Respondents (Respondent 3 & 4 are impleaded as per order dated 19.01.2018 made in Crl.M.P.No.584/2018) Prayer:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondents to give police protection to the petitioner.

For Petitioner : Mr.D.Gopi Krishnan For Respondents 1 & 2 : Mrs.P.Kritika Kamal, Government Advocate(Crl. Side) For Respondents 3 & 4 : Mr.S.Janarthanam

O R D E R

The limited prayer sought for by the petitioner is to provide police protection to him, in view of the obstruction raised by the respondents 3 and 4 thereby preventing the petitioner from running SK Clinic at No.10, Kasi Vishwanathan Street, Redhills, Chennai.

2. According to the learned counsel for the petitioner, the respondents 3 and 4 have no authority to raise such obstruction.

3. This court, exercising its power under section 482 https://hcservices.ecourts.gov.in/hcservices/

Cr.P.C. cannot go into the findings of such factual aspects and it is for the second respondent police to verify the relief sought for by the petitioner and pass necessary orders.

4. Learned counsel for the petitioner submits that in connection with the petitioner's complaint dated 30.12.2017, the petitioner is willing to cooperate with the enquiry to be conducted by the second respondent. Learned counsel for the respondents 3 and 4 also submits that in case, enquiry conducted, the respondents 3 and 4 will cooperate with the same.

5. In view of the submissions made by the learned counsel for the parties, there shall be a direction to the second respondent to consider the petitioner's complaint dated 30.12.2017 in accordance with law and pass appropriate orders after conducting necessary enquiry. While conduct of such an enquiry, the petitioner as well as the respondents 3 and 4 are at liberty to give their written objections, if any. 6.With the above observations and direction, the Criminal Original petition stands disposed of.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar nl To 1.The Commissioner of Police, Vepary, Chennai. 2.The Inspector of Police, M-4, Redhills Police Station, Redhills, Chennai - 600 052.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Janarthanam, Advocate, S.R.No.14562 +1cc to Mr.D.Gopi Krishnan, Advocate, S.R.No.13958 Crl.O.P.No.845 of 2018 RRK(19/03/2018) https://hcservices.ecourts.gov.in/hcservices/