N.Sultan Nazar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP Nos.9528 & 9543 of 2015 N.Sultan Nazar ..Petitioner in both Crl.O.Ps Vs 1.The Commissioner of Police, Adithanar Road, Chintadripet, Chennai - 600 002.

2.The Deputy Commissioner of Police, Flower Bazaar, Rajaji Salai, Chennai.

3.The Inspector of Police, C-3 Seven Walls Police Station, Chennai - 600 001. .. Respondents in both Crl.O.Ps Prayer in Crl.O.P.No.9528 of 2015:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to provide police protection based on the petitioner representation dated 10.04.2015 for the life of the petitioner along with his family and their peaceful enjoyment in Survey No.R.S.No.930 measuring an extend of 448 sq.ft of apartment building comprised in five terraces at Seven Walls, Chennai since there is a life threat arise from antisocial elements from the knowing Advocates and unknown their names along with the some rowdies or mercenary and it would be possible to set demolish the building at any time from miscreants.

Prayer in Crl.O.P.No.9543 of 2015:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the fourth respondent to register a case on the petitioner's complaint dated 06.04.2015 and to investigate the same under the supervision of the respondents 2 and 3 and to file the final report within the time frame fixed by this Court.

For Petitioner in both Crl.O.Ps :Mr.A.Raja Mohammed For Respondents :Mr.C.Emalias, in both Crl.O.Ps Additional Public Prosecutor

COMMON ORDER Seeking a direction to the respondents to provide police protection based on the petitioner's representation dated 10.04.2015 for the life of the petitioner along with his family and their peaceful enjoyment in R.S.No.930 measuring an extend of 448 sq.ft of apartment building comprised in five terraces at Seven Walls, the petitioner has come up with Crl.O.P.No.9528 of 2015. 2.Seeking a direction to the fourth respondent to register a case on the petitioner's complaint dated 06.04.2015 and to investigate the same under the supervision of the respondents 2 and 3 and to file the final report within the time frame fixed by this Court, the petitioner has come up with Crl.O.P.No.9543 of 2015. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4.The learned counsel for the petitioner submits that a group of 10 Advocates have entered into the house of the petitioner and trying to take forcible possession of the same. The learned counsel would further submit that when the petitioner went to police station to give complaint against the miscreants, they also appeared before the police and forced the petitioner to withdraw the complaint.

5.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has also got a group of Advocates in his favour and he also went to the Police Station along with the Advocates.

6.In view of the above position, no direction would be given to the respondent police as sought for by the petitioner since, that may create other complications well known. Therefore, in the interest of justice, the parties are advised to work out their remedies in the manner known to law. Further, if there is any law and order problem perceived by the respondent police then, sufficient bando bust may be provided in that area and so as to prevent breach of peace.

7.With the above observations, the Criminal Original Petitions are closed.

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

jbm To 1.The Commissioner of Police, Adithanar Road, Chintadripet, Chennai - 600 002.

2.The Deputy Commissioner of Police, Flower Bazaar, Rajaji Salai, Chennai.

3.The Inspector of Police, C-3 Seven Walls Police Station, Chennai - 600 001.

4.The Public Prosecutor, High Court, Madras.

+ 2 ccs to Mr.A.Raja Mehamed, Advocate SR.207212, 20715 SVI(CO) EU 27.04.2015 Crl.OP Nos.9528 & 9543 of 2015