J.P.Kumar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.14522 of 2021 J.P.Kumar.

... Petitioner

Versus

1. The Commissioner of Police, Salem, Salem District.

2. The Inspector of Police, Annathanapatti Police Station, Salem - 2.

3. R.Kumaresan.

... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 Cr.P.C. to direct the 2nd respondent to give police protection to the petitioner and his family members. For Petitioner : Mr.B.Kumarasamy.

For Respondents : Mr.A.Damodharan, Government Advocate (Crl.side) for R1 & R2

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent police to give police protection to the petitioner and his family members.

2.

The contention of the petitioner is that the petitioner has filed I.P.No.19 of 2016, which is pending before the Principal Sub Judge, Salem. Subsequently, the 3rd respondent along with others are threatening the petitioner. Hence, the petitioner seeks police protection.

3.

The learned counsel for the petitioner would submit that the petitioner is doing the Real Estate business and he had taken loan from several persons for his business. Since the business had sustained loss, he was unable to repay the loan. Hence, the petitioner had filed Insolvency Petition in I.P.No.19 https://hcservices.ecourts.gov.in/hcservices/

of 2016. Due to which, the 3rd respondent adopting arm twisting method, threatened him. Hence, the petitioner had lodged a complaint against the 3rd respondent on 08.07.2019 and CSR No.665 of 2019 assigned and no action taken . 4.

The learned Government Advocate (crl.side) appearing for the respondents 1 and 2 would submit that the petitioner had cheated several persons. He has filed I.P.No.19 of 2016 to cheat them and to avoid payment and he has also filed I.A.No.128 of 2017 for impleading the petitioner and another one in the said Insolvency Petition and the same is pending. Thereafter, he had lodged the complaint in the year 2019, in which, enquiry is pending. The petitioner as well as the counter petitioner have been enquired and the enquiry will be completed within a period of one month.

5.

Recording the above submission, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mrp To

1. The Principal Sub Judge, Salem.

2. The Commissioner of Police, Salem, Salem District.

3. The Inspector of Police, Annathanapatti Police Station, Salem - 2.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Kumarasamy, Advocate, S.R.No.41824 CRL.O.P.No.14522 of 2021 PMK(CO) HS(03/09/2021) https://hcservices.ecourts.gov.in/hcservices/