K.Padmanaban v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:01.12.2015
CORAM
THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.28818 of 2015 K.Padmanaban .. Petitioner .. Vs ..
The Superintendent of Police, Villupuram, Villupuram District.
.. Respondent Prayer:- Criminal Original Petition filed under section 482 of the Code of Criminal Procedure to direct the respondent to afford police protection to the petitioner and his family members based on the petitioner's representation dated 23.11.2015.
For Petitioner :
Mr.M.Radhakrishnan For Respondent :
Mr.C.Emalias, Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondent to afford police protection to the petitioner and his family members based on the petitioner's representation dated 23.11.2015.
2. The petitioner is residing at Koonimedu Madhura Erimedu Village. His father died about 9 years ago. His family comprised of his father, mother and brothers and they bought 35 acres of land. After the demise of the petitioner's father, the brothers of his father namely, Gandhi and Elumalai, conspired to grab the property which is in the petitioner's possession. They arranged Katta Panchayat for this purpose. But the petitioner did not participate in the panchayat. Aggrieved over the same, Gandhi and Elumalai sought the help of one Karnan, a resident of Madhura Naravakkam Village with a view to forge certain
documents to grab the property. On coming to know that the documents were fabricated and got the property transferred in their names, the petitioner approached Registrar's office and found that the documents were drafted by one Desinghu, Advocate. The petitioner made an application to the Tamil Nadu Bar Council under the Right to Information Act, requesting the information relating to his enrolment as an advocate. The petitioner compared the signature found in the said documents and the document given to him by the Tamil Nadu Bar Council and it was found that the signature was a forged one. Hence, the petitioner lodged a complaint to the Registrar, Tindivanam and consequently, the Sub Registrar, Marakanam, is enquiring into the matter.
Because of this complaint, the said Gandhi and Elumalai started threatening the petitioner and his family members. They are very influential people in the locality and they are very close to anti-social elements. Hence, there is imminent danger to the life of the petitioner and his family members. The petitioner, left with no other option made a representation to the respondent on 23.11.2015 to provide police protection. The same was not considered so far. Hence, the present petition.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.
4. Learned Additional Public Prosecutor submitted that if the petitioner gives a fresh complaint to the Deputy Superintendent of Police, Kottakuppam, the same will be considered.
5. Considering the submissions made on either side, this Court is constrained to pass the following order. i) The petitioner is directed to give a fresh complaint to the Deputy Superintendent of Police, Kottakuppam, with regard to providing police protection, along with a copy of this order, within a period of one week from the date of receipt of a copy of this order.
ii) On receipt of the said complaint, the Deputy Superintendent of Police, Kottakuppam, is directed to consider the same and pass appropriate orders on merits within a period of one week thereafter.
6. This criminal original petition is disposed of accordingly.
Sd/- Asst.Registrar(CCC) /true copy/ Sub Asst. Registrar To
1. The Superintendent of Police, Villupuram, Villupuram District.
2.The Deputy Superintendent of Police, Kottakuppam.
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr.M.Radhakrishnan, Advocate sr.65311 CRL.O.P.No.28818 of 2015 srg 4/12/2015