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Madras High CourtWP/25499/2015closed

R. Sudhakar, v. The Commissioner Of Police

2015-09-07Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH WP.No.25499 of 2015 R.Sudhakar ... Petitioner Vs.

1.The Commissioner of Police, Police Commissionerate Office, Vepery, Chennai.

2.The Joint Commissioner of Police, 3.Deputy Commissioner of Police, 4.The Assistant Commissioner of Police, 5.The Inspector of Police, S-1 Police Station, ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari or any other writ or order in the nature of writ calling for the records of the 4th respondent impugned order in CSR.No.402 of 2015 dated 30.6.2015 issued on the petitioner's complaint dated 30.6.2015 and direct the 4th respondent police to provide police protection to the petitioner and the petitioner's family members from the persons mentioned in the complaint dated 30.6.2015.

For Petitioner : Mr.R.Kalyan Kishen Singh For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This petition has been filed to call for the records of the 4th respondent in CSR.No.402 of 2015 dated 30.6.2015 issued on the petitioner's complaint dated 30.6.2015 and to direct the 4th respondent police to provide police protection to the petitioner and his family members.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

3. Mr.S.A.Srinivasan, Inspector of Police, S-1 Police Station, St. Thomas Mount, Chennai [5th respondent] has filed a Status Report, wherein, in paragraph Nos.5,6,7 and 8, it is stated as follows:

"5. I further respectfully submit that the petitioner and the above said persons entered into verbal confrontation several times and each time a CSR was given and enquired. At that time of enquiry, both the parties were agreed to seek remedy through the court of Law as the matter is purely civil in nature. The then Investigation Officer has given a stern warning to the petitioner and the counter petitioners to maintain restraint and file a petition before the court as far as the money transactions are concerned and wait for the verdict of the court.

6. I submit that as said earlier, the CSR in No.402/2015 dated 30.06.2015 is not the first instance to take action against the counter petitioner Nathiya. On 16.02.2015 Nithya lodged a complaint against Baskar, Nathiya, Janaki, Anjalai and Virugammal and in this connection CSR No.135/2015 was registered. CSR.No.136/2015 was registered on 16.02.2015 on the complaint of Baskar against Sudhakar, Nithya and Raghunathan. On 22.03.2015 Anjala has lodged a complaint against Sudhakar, Raghunathan, Meenatchi and Nithya and a CSR No.220/2015. On 22.03.2015 Meenatchi has lodged a complaint against Anjalai, Venkatesh, Velu and Anbarasi and in this connection a CSR vide No.221/2015 was registered. All these petitions have been enquired then and there. At the time of enquiry, petitioner and the counter petitioner of the respective petitions agreed to seek remedy through the court of Law and all these petitions have been filed.

7. I submit that in spite of maintaining restraint, the petitioner also unnecessarily confronting with the counter petitioners whenever they see eye to eye and this is the root cause of all these mess.

8. I further submit that the respondent police have routine patrolling in the jurisdiction limit and also given priority to the calls received from general public."

4. Mr.Kalyan Kishen Singh, learned counsel submits that for the sin committed by the petitioner's wife, the borrowers are not even allowing the children to go to school.

5. Under such circumstances, this Court directs the respondent police to continue with the routine patrolling within the jurisdiction limit and whenever, a complaint is given by the aggrieved family members, stern action shall be taken against the aggressors.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gya To 1.The Commissioner of Police, Police Commissionerate Office, Vepery, Chennai.

2.The Joint Commissioner of Police, 3.Deputy Commissioner of Police, 4.The Assistant Commissioner of Police,

5.The Inspector of Police, S-1 Police Station, 6.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Kalyan Kishan Singh, Advocate, S.R.No.48568 WP.No.25499 of 2015 KM(CO) CA(29/09/2015)