Madras High CourtCRL OP/14038/2015closed

G.Purushothaman v. State Rep. By

2015-10-16Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.14038 of 2015 G.Purushothaman ..Petitioner Vs

1. The Inspector of Police, Thirupalaivanam Police Station, Thiruvallur District.

2. P.Kumar (2nd respondent impleaded as per the order of the Court dt.1610.2015 made by PNPJ in M.P.1/2015 in Crl.O.P.14038/2015) ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to provide adequate police protection to the petitioner and also the property situated at Andarmadam Village, Ponneri Taluk, Thiruvallur District, comprised in Survey No.55 measuring 9 acres and 90 cents based on the complaint of the petitioner dated 25.05.2015. For Petitioner :

Mr.C.Prabakaran For respondents :

Mr.C.Emalias, Addl.Public Prosecutor for R1 Mr.N.Sivakarthik for R2

O R D E R

The present petition has been filed to direct the respondent to provide adequate police protection to the petitioner and also the property situated at Andarmadam Village, Ponneri Taluk, Thiruvallur District, comprised in Survey No.55 measuring 9 acres and 90 cents based on the complaint of the petitioner dated 25.05.2015.

2. When the matter is taken up for consideration, learned Additional Public Prosecutor submitted that already Crl.O.P.No.17894 of 2015 was filed by the same petitioner in respect of the complaint dated 25.05.2015 and this Court by order dated 20.07.2015 has closed the petition with a direction to the respondent police to conduct enquiry expeditiously. Paragraph Nos.3 and 4 of the said order dated 20.07.2015 reads as follows:

"3. The learned Additional Public Prosecutor submitted that based on the complaint lodged by the petitioner, the petition enquiry is pending in CSR.No.145 of 2015 before the respondent.

4. Recording the submission of the learned Additional public Prosecutor, the respondent police is directed to conduct enquiry expeditiously and during the course of enquiry, if any cognizable offence is made out, a regular case shall be registered, following the decision

laid down by the Hon'ble Supreme Court in Lalita Kumari v. Government of Uttarpradesh and Others reported in (2014) 2 SCC 1.

With the above directions, this Criminal original Petition is closed."

3. Since, already a direction was given to the respondent police in respect of CSR.No.145 of 2015 and the Crl.O.P.No.17894 of 2015 filed by the petitioner was closed, this Court is not inclined to entertain this petition. Hence, the criminal original petition stands closed. 21.12.2015 Index:Yes/No Internet:Yes/No vsi To

1. The Inspector of Police, Thirupalaivanam Police Station, Thiruvallur District 3.The Public Prosecutor, High Court, Madras.

R.SUBBIAH.,J.

Vsi Crl.O.P.No.14038 of 2015 21.12.2015