M.S.Gowran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.17289 of 2021

1. M.S.Gowran

2. Elanganni

3. Shanmugam

4. Jaisankar ... Petitioners Vs

1. State rep by:

The Superintendent of Police, Thiruppathur District, Thiruppathur.

2. The Deputy Superintendent of Police, Thiruppathur, Thiruppathur District.

3. The Inspector of Police, Thiruppathur Taluk Police Station, Thiruppathur District.

4. Gajendiran

5. Kalaiselvi

6. Gubendiran 7.Selvi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 2 & 3 to give police protection to the petitioners and their family members from the life threat of the respondents 4 to 7. For Petitioners :

Mr.E.Kannadasan For Respondent :

Mr.E.Raj Thilak Nos.1 to 3 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents 2 & 3 to give police protection to the petitioners and their family members from the life threat by the respondents 4 to 7.

2. The case of the prosecution is that the petitioners had purchased a property and registered the same before the Sub Registrar Office, Thiruppathur, on 16.06.2021, vide https://hcservices.ecourts.gov.in/hcservices/

document No.5730 of 2021 and thereafter, patta was also issued in the name of the petitioners. The respondents 4 to 7, claiming right over the property without any authority threating the petitioners and not allowing them to enjoy the property. The petitioners had sent representation to the Chief Minister Personal Cell on 06.09.2021. Since no action has been taken, the petitioners have filed this petition.

3. The Additional Public Prosecutor submits that on 03.09.2021, at about 11 am, when the petitioners had gone to inspect the property, at that time one Gajendiran and Gubendiran along with their wife and sister threatened the petitioners with Arival and further threatened claiming that if the petitioners visits the property their house would be burnt. Based on the complaint, the case in crime No.353 of 2021 has been registered. The 4th and 6th respondents are A1 and A2 in this case. He further submits that the accused are now absconding and as on date, there is no threat to the petitioners and to their property. If there is any threat in future, necessary protection can be given.

4. Recording the same, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar sli To

1. State rep by:

The Superintendent of Police, Thiruppathur District, Thiruppathur.

2. The Deputy Superintendent of Police, Thiruppathur, Thiruppathur District.

3. The Inspector of Police, Thiruppathur Taluk Police Station, Thiruppathur District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.E.Kannadasan , Advocate Sr.NO. 62070 CRL.O.P.No.17289 of 2021 PMK(CO) A.SK(13.12.2021) https://hcservices.ecourts.gov.in/hcservices/