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Madras High CourtCRL OP/29214/2015dismissed

S.N. Kamala Kannan v. The Superintendent Of Police

2015-12-09Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29214 of 2015 S.N.Kamala Kannan ... Petitioner ..Vs..

1.

The Superintendent of Police, Villupuram District.

2.

The Deputy Superintendent of Police, Kallakurichi Range, Villupuram District.

3.

The Sub-Inspector of Police, Thiyagathurgam Police Station, Villupuram District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 3rd respondent to provide adequate police protection to the petitioner on the basis of the petitioner's complaint dated 20.03.2015 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.S.Mohamed Ansar For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the 3rd respondent to provide adequate police protection to the petitioner on the basis of his complaint dated 20.03.2015 in accordance with law. 2.

In the affidavit accompanying this petition, it is stated that the petitioner filed a partition suit against his brothers and others in O.S.No.503/1996 on the file of the District Munsif Court, Kallakurichi and the same was decreed in favour of the petitioner. In such circumstance, the petitioner arranged for demarcation of the land and to lay the landmark stones, but the accused persons troubled the petitioner and prevented him from demarcation. They also threatened the

petitioner not to demarcate the land. In this regard, the petitioner preferred a complaint before the 3rd respondent on 20.03.2015 seeking to provide police protection to him. But, the 3rd respondent did not take any action on the petitioner's complaint. Thereafter, the petitioner made a representation to the 1st and 2nd respondents on 01.04.2015 seeking a direction to the 3rd respondent to initiate appropriate action on the petitioner's complaint dated 20.03.2015 and provide police protection to him, but the same was not considered by the 1st and 2nd respondents. Hence, having no other alternative, the petitioner has come up with the present Criminal Original Petition for the above relief.

3.

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

4.

Learned Additional Public Prosecutor appearing for the respondents submitted that this is a case of property dispute between the family members and an enquiry was conducted and closed, the respondent police cannot interfere in it. 5.

I find force in the submissions of the learned Additional Public Prosecutor. Considering the same, I am of the opinion that this is not a fit case for direction to the respondent police to provide police protection to the petitioner.

Hence, this Criminal Original Petition is dismissed. aeb -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To :

1.

The Superintendent of Police, Villupuram District.

2.

The Deputy Superintendent of Police, Kallakurichi Range, Villupuram District.

3.

The Sub-Inspector of Police, Thiyagathurgam Police Station, Villupuram District.

4.

The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.Mohamed Ansar, Advocate SR 66087 sv(co) prk18/1 Crl.O.P.No.29214 of 2015