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Madras High CourtCRL OP/8577/2023disposed of

S.R.Mohankumar v. The Joint Commissioner Of Police

2023-04-20Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2023

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN S.R.Mohankumar

...Petitioner

Vs.

1. The Joint Commissioner of Police, North Beach Road, George Town, Chennai.

2. The Assistant Commissioner of Police, High Court Range, Flower Bazaar, Chennai.

3. The Inspector of Police, Muthaiyalpet Police Station, Chennai-1.

4. S.M.Goutam

5. Muthukumar

6. Muthukrishnan

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 to 3 to provide police protection to the petitioner's life and limb by considering his representation dated 06.04.2023.

For Petitioner : Mr.M.Vijayaragavan For Respondents R1 to R3 : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed directing the respondents 1 to 3 to provide police protection to the petitioner's life and limb by considering his representation dated 06.04.2023.

2. The learned counsel for the petitioner submitted that the petitioner had executed a settlement deed in favour of his son in the year 2012, reserving the right of enjoyment, till his lifetime and thereafter, absolutely to his son. The petitioner and his wife got divorce and they are living separately. His son is living with his wife. Now, his son, his wife and others are trying to disturb the petitioner from the enjoyment of his property and they also made death threat to him. In this regard, the petitioner had given a complaint to the respondent Police, on 06.04.2023 seeking police protection. So far no order is passed, necessitating filing of this petition.

3. The learned Government Advocate (Crl.side) submitted that the

petitioner's son, who is the fourth respondent herein, gave a complaint against the petitioner stating that his father attacked him. The petition enquiry in CSR.No.50 of 2023 was conducted and closed. It appears that there is a dispute with regard to the usage of front portion of the house in dispute, between the petitioner and his son.

4. In the light of the submissions of the learned counsel appearing for the parties, this Court directs the respondents 1 to 3, to consider the petitioner's representation dated 06.04.2023 and pass appropriate orders on merits and in accordance with law, if there is a genuine threat to the petitioner from the private respondents in this case.

5. Accordingly, this Criminal Original Petition is disposed of. 20.04.2023 mn Index:Yes/No Speaking Order: Yes/No G.CHANDRASEKHARAN.J.,

mn To

1. The Joint Commissioner of Police, North Beach Road, George Town, Chennai.

2. The Assistant Commissioner of Police, High Court Range, Flower Bazaar, Chennai.

3. The Inspector of Police, Muthaiyalpet Police Station, Chennai-1.

4.The Public Prosecutor, High Court of Madras.

20.04.2023