Madras High CourtCRL OP/23527/2016dismissed

S.Viswanathan, Aged 46 Years v. State Rep. By

2016-10-24Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRDAS

DATE: 24..10..2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition No.23527 of 2016 S.Viswanathan ... Petitioner -Versus1.State Rep. by The Inspector of Police, Nallur Police Station, Paramathivelur Taluk, Namakkal District.

2.State Rep. by The District Superintendent of Police, Office of the District Superintendent of Police, Namakkal District.

... Respondents Prayer: This petition is filed under Section 482 Cr.P.C. praying to direct the respondents to give police protection to the petitioner and his agricultural crops situated in Survey Nos.287/1, 6A, 7B, 8B and 288/2 at Nall Goundampalayam Villlage, Paramathivelur Taluk, Namakkal District.

For Petitioner : Mr.T.Jeevanantham For Respondents : Mr.C.Emalias, APP

ORDER

This petition has been filed seeking police protection to the petitioner and his agricultural properties and produces.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents and also perused the records carefully.

3. On the complaint of Indirani, the wife of the petitioner, the respondent police have registered a case in Crime No.21 of 2016 for offences under Sections 294(b), 323 and 506(i) of IPC https://hcservices.ecourts.gov.in/hcservices/

against (1) Ponnusamy, (2) Balasubramani, (3) Somu and (4) Pappathi and investigation is pending. While so, the petitioner has sent a representation dated 02.09.2016 with registered post acknowledgement due to the Superintendent of Police, Namakkal District, seeking police protection for his landed properties situate at Nalla Goundanpalayam Village and the agricultural produces raised thereon and has filed the present petition seeking a direction for police protection.

4. In the considered opinion of this court, no positive direction can be issued as prayed for by the petitioner in a case of this nature. However, the petitioner is directed to give a fresh representation in person to the Inspector of Police, Nallur Police Station and on such representation being given, the Inspector of Police, Nallur Police Station shall call both parties and if it is turned out that the petitioner's request for protection is bonafide, it is needless to state that necessary protection be given to the petitioner and his properties.

5. With the above directions this criminal original petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To 1.The Inspector of Police, Nallur Police Station, Paramathivelur Taluk, Namakkal District.

2.The District Superintendent of Police,Namakkal District. Office of the District Superintendent of Police

3. The Public Prosecutor, High Court, Madras +1cc to Mr.T. Jeevanantham, Advocate, S.R.No.60852 pvs(CO) md(21/10/2016) Crl.O.P.No.23527 of 2016 https://hcservices.ecourts.gov.in/hcservices/