Madras High CourtCRL OP/22434/2018disposed of

Subramni, M/57 Years, v. State By,

2018-09-19Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22434 of 2018 Subramani ... Petitioner Vs.

State by 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Inspector of Police, Anchetti Police Station, Krishnagiri District.

3.Sangegowdu 4.Sikka Mallegowdu 5.Sennagowdu

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 to give police protection to the petitioner and take action against the respondents 3 to 5 and his men based on his complaint dated 20.08.2018.

For Petitioner : Mr.K.Thiruvengadam For R1 & R2 : M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent Nos.1 and 2 to give police protection to the petitioner and take action against the respondent Nos.3 to 5, based on the complaint given by the petitioner dated 20.08.2018.

2. The learned counsel for the petitioner has submitted that the petitioner is having agricultural land to an extent of 2.65 acres in survey No.770/2 of Natrapalayam Village situated at Pathigoundanoor Village, Natrapalayam Tharaf, Denkanikottai Taluk, Krishnagiri District. He further submitted that the petitioner's family has constructed a Kottaimuniyappan Temple in the aforesaid land, and the respondent Nos.3 to 5, who are not having any right over the said temple had tried to trespass into the petitioner's land and also disturbed the temple administration and also assaulted the petitioner and also criminally intimidated and https://hcservices.ecourts.gov.in/hcservices/

hence, the petitioner has lodged a complaint before the second respondent on 20.08.2018, but, so far no action has been taken.

3. The learned Additional Public Prosecutor has submitted that the petitioner has sent a complaint through Registered Post and the said complaint is still pending for enquiry.

4. Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then he has to register a case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, he has to direct the petitioner to approach the appropriate forum and get appropriate relief in accordance with law.

5. With the above said directions, this Criminal Original Petition is disposed of.

smv/vsa Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Inspector of Police, Anchetti Police Station, Krishnagiri District.

3.The Public Prosecutor, Madras High Court, Chennai.

KR/25/10/18 Crl.O.P.No.22434 of 2018 https://hcservices.ecourts.gov.in/hcservices/