B.Muralidharan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.16591 of 2016 B.Muralidharan .. Petitioner Vs 1.State represented by, Commissioner of Police, Coimbatore City, Coimbatore - 641 018.

2. The Inspector of Police, E2, Peelamedu (L&O) Police Station, Coimbatore - 641 006.

3. N.Ganesan

4. N.Vellingiri .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent as well as the Inspector of Police, E2, Peelamedu (L & O) Police Station, Coimbatore, the second respondent herein to give police protection to the Petitioner, his servants watchman cum Gardner in respect of the properties comprised in S.No.905/1B and 905/2A, 2B, 2C, 2D, 2E, Kaalapatti village Coimbatore Taluk covered in patta No.2740 and prevent the Respondent 3 & 4 herein or their men or agents or subordinate or any other person claiming through them from in any manner disturbing the peaceful possession and enjoyment of the above properties.

For Petitioner :

Mr.K.Rajkumar For Respondent :

Mr.C.Emalias, Nos. 1 & 2 Addl.Public Prosecutor For Respondents :

Mr.V.R.Appaswami Nos.3 & 4

ORDER

This Criminal Original petition has been filed seeking a direction to the first respondent as well as the Inspector of Police, E2, Peelamedu (L & O) Police Station, Coimbatore, the second respondent herein to give police protection to the Petitioner, his servants watchman cum Gardner in respect of the properties comprised in S.No.905/1B and 905/2A, 2B, 2C, 2D, 2E, Kaalapatti village Coimbatore Taluk covered in patta No.2740 and prevent the Respondent 3 & 4 herein or their men or agents or subordinate or any other person claiming through them from in any manner disturbing the peaceful possession and enjoyment of the above properties.

2. Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the first and second respondent and the learned counsel appearing for the third and fourth respondents.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the first and second respondents submitted that on a complaint given by the petitioner, the respondent police registered a case in Crime No. 651 of 2016 for offences under Sections 147, 294(b), 441, 506(i) r/w 120 B IPC against the respondents 3 & 4 and others and investigation is pending.

4. Under such circumstances, the petitioner is directed to go in person and lodge a fresh complaint seeking police protection to the second respondent police and on such a complaint being given, the same shall be enquired into by calling both the parties and action be taken in accordance with law. In view of the above, the criminal original petition is closed. 23.08.2016 sms To 1.State represented by, Commissioner of Police, Coimbatore City, Coimbatore - 641 018.

2. The Inspector of Police, E2, Peelamedu (L&O) Police Station, Coimbatore - 641 006.

3. The Public Prosecutor, High Court, Madras.

P.N.PRAKASH,J., sms

Crl.OP No.16591 of 2016 23.08.2016