Madras High CourtCRL OP/11422/2019disposed of

B.Jothi v. The Superintendent Of Police

2019-04-30Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:30.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11422 of 2019 B.Jothi ... Petitioner/Complainant Vs.

1.The Superintendent of Police, Perambalore District.

Perambalore.

2.The Deputy Superintendent of Police, (D.S.P), Kunnam Taluk, Perambalore District.

3.The Inspector of Police, Kunnam Police Station, Peramballore District.

4.Mr.Kannan @ Anbalagan 5.Mr.Uchi @ Paramasivam 6.Mr.Periyasamy 7.Mr.Senthil 8.Mr.Selvam 9.Mr.Kannadasan 10.Mr.Surya 11.Mr.Muthuvel ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1 to 3rd respondent to provide the necessary Police protection to the petitioner and her family members for their life liberty against the 4th to 11th respondents based on the petitioner's representation dated 20.04.2019.

For Petitioner : Mr.T.V.C.Kartheeban For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction the 1 to 3rd respondent to provide the necessary Police protection to the petitioner and her family members for their life liberty against the 4th to 11th respondents.

2. The learned counsel for the petitioner would submit that there was a land dispute between the petitioner and the Accused persons. They were causing disturbance without any right. Therefore, the petitioner lodged a complaint to the respondent police against the 4 named accused persons only out of 8 named accused persons whereas not charged a correct penal provisions in Crime No.682 of 2017 under Sections 294(b), 323, 506(i) IPC. Hence, the petitioner has filed a direction petition before this Court seeking for a final report in Crime No.682 of 2017 the same has been granted by this Court in Crl.O.P.No.21281 of 2018 dated 31.08.2018. Thereafter the respondents 4 to 11 were threatened the petitioner and her family members. Since, no action has been taken by the third respondent police, the petitioner has filed the present petition with the aforesaid prayer.

3. The learned Additional Public Prosecutor would submit that the petitioner seeks police protection for her family members.

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

5. Considering the above facts and circumstances of the case, the petitioner is directed to lodge a complaint before the third respondent. On receipt of the same, the third respondent is directed to conduct enquiry after giving due opportunity to the petitioner and the counter party and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vsn To 1.The Superintendent of Police, Perambalore District.

Perambalore.

2.The Deputy Superintendent of Police, (D.S.P), Kunnam Taluk, Perambalore District.

3.The Inspector of Police, Kunnam Police Station, Peramballore District. 4.The Public Prosecutor High Court, Madras +1cc to Mr.T.V.C.Kartheeban , Advocate SR.No. 42259 Crl.O.P.No.11422 of 2019 A.SK(10/06/2019)