S.Santhakumar v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.7513 of 2024 S.Santhakumar, S/o.Santhanam ... Petitioner Vs.

1. The Commissioner of Police, Tambaram, Chennai.

2. The Inspector of Police, T-4, Shankar Nagar Police Station, Pammal, Chennai - 600 075.

3. A.Rajendran, S/o.A.Arumugam

4. R.Thiyagu, S/o.A.Rajendran ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to provide police protection based on the petitioner complaint dated 02.11.2023 in CSR.No.1473 of 2023 for fencing the petitioner's property situated at Survey No.143/96, Door No.19, to an extent of land 2374 sq.ft land with building, 3rd cross street, Adam Nagar, Chrompet, Tambaram Taluk and now Pammal, Pallavaram 1/4

Taluk, Chengalpattu District based on the judgment and Decree dated 07.02.2013 in O.S.No.49 of 2012 on the file of the Principal District Munsif Court, Alandur.

For Petitioner : Mr.A.M.Esakkiappan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 & R2] *****

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the second respondent to provide police protection based on the petitioner's complaint dated 02.11.2023, which is pending in CSR.No.1473 of 2023 for fencing the petitioner's property situated at Survey No.143/96, Door No.19, to an extent of land 2374 sq.ft land with building, 3rd cross street, Adam Nagar, Chrompet, Tambaram Taluk and now Pammal, Pallavaram Taluk, Chengalpattu District based on the judgment and Decree dated 07.02.2013 in O.S.No.49 of 2012 on the file of the Principal District Munsif Court, Alandur.

2. Heard Mr.A.M.Esakkiappan, learned counsel for petitioner and 2/4

Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents 1 and 2.

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.1473 of 2023 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 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. While conducting enquiry, the second respondent shall N.ANAND VENKATESH, J.

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gm also take into consideration the judgment and decree passed in O.S.No.49 of 2012 dated 07.02.2013.

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

26.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To

1. The Commissioner of Police, Tambaram, Chennai.

2. The Inspector of Police, T-4, Shankar Nagar Police Station, Pammal, Chennai - 600 075.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.7513 of 2024 4/4