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Madras High CourtCRL OP/7519/2020disposed of

M.Jaganathan v. The Inspector Of Police

2020-05-12Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.05.2020

CORAM:

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Crl.O.P.No.7519 of 2020

1. M. Jaganathan M/A 75 S/o Late. Mallagounder

2. J. Murugan M/A 35 S/o M. Jaganathan

3. J. Sivasubramanian @ Subramanian M/A 44 S/o M. Jaganathan

...Petitioners

Vs.

The State of Tamilnadu Rep. By its Inspector of Police, Omalur Police Station, Salem District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police to take further action on the second petitioner's complaint dated 22.04.2020 and investigate the matter in accordance with law.

For Petitioners : Mr.A. Ilaya Perumal Page 1 / 4

For Respondent : Mrs. Kiruthiga Kamal Government Advocate(crl.side)

ORDER

This Petition has been filed seeking direction to the Police to take further action on the second petitioner's complaint dated 22.04.2020 and investigate the matter in accordance with law.

2. It is the contention of the petitioner that the though the interim order has been granted by the Civil Court, the opposite party trespassed the property, attacked the defacto complainant and caused injuries. But the petition has not been enquired and crime has not been registered by the respondent police. Hence, the petitioners seek police protection.

2. Learned Government Advocate (Criminal Side) submitted that both parties have suffered injuries and the matter is under enquiry.

3. In such a view of the matter, a blanket order cannot be given to the police. Since both sides are injured shall register both the complaints Page 2 / 4

and take action as per law.

4. With the above direction, the Criminal Original Petition is disposed of.

12.05.2020 Index :Yes/No Internet :Yes/No ggs To

1. The Inspector of Police, Omalur Police Station, Salem District.

2. The Public Prosecutor, High Court, Madras.

Page 3 / 4

N. SATHISH KUMAR,J.

Ggs 12-05-2020 Page 4 / 4