K. Thirunavukarasu v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH K.Thirunavukarsu .. Petitioner

Versus

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

2. The State Rep by its, The Inspector of Police, Perumanallur Police Station, Tiruppur District.

3. Murugeshan

4. Nagaraj

5. Murugeshan

6. Thangaraj

7. Sankar

8. Palraj .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to grant adequate Police protection to the petitioner and his property comprised in S.No's.16/1, 3, 5 situated at Pongupalayam village, Tiruppur District by considering his representation dated 02.07.2023.

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For Petitioner : Mr.K.Myilsamy For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for RR-1 and 2

ORDER

This petition has been filed seeking for Police protection based on the representation made by the petitioner on 02.07.2023 wherein the petitioner is seeking for protection to himself and to his property.

2. Heard Mr.K.Myilsamy, learned Counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for the respondents 1 and 2.

3. It is seen from records that a complaint was given in the year 2019 against the private respondents who were attempting to encroach upon the private property of the petitioner and cause disturbance and were threatening the petitioner. Based on the complaint, an F.I.R came to be registered in Crime No.94 of 2019 for offences under Sections 294(b) and 324 of I.P.C.

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4. The grievance of the petitioner is that even after the registration of the F.I.R, the private respondents continued to exert threat and cause disturbance to the petitioner and hence a fresh complaint was given in this regard on 02.07.2023. Since no action was taken, the present Criminal Original Petition has been filed before this Court.

5. The learned Additional Public Prosecutor on instructions submitted that the F.I.R registered in Crime No.94 of 2019 is pending investigation. The fresh complaint given by the petitioner has been taken on file in C.S.R.No.428 of 2023.

6. In the light of the above submission, there shall be a direction to the second respondent to complete the investigation in Crime No.94 of 2019 and also call the parties for an enquiry in the pending C.S.R.No.428 of 2023. On enquiring both the parties, the second respondent shall take action strictly in accordance with law. This process shall be completed by the second respondent within a period of two weeks from the date of receipt of a copy of this order.

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7. This Criminal Original Petition is disposed off with the above direction.

31.07.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

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

2. The Inspector of Police, Perumanallur Police Station, Tiruppur District.

3. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 31.07.2023 5/5