M.Chandran v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE R. PONGIAPPAN Crl.O.P.No.20860 of 2019 M.Chandran ..Petitioner Vs.

1. The Commissioner of Police, Veppery, Chennai - 600 007.

2. The Inspector of Police, M4, Redhills Police Station, Redhills, Chennai - 600 052.

3. S.Vishwanathan

4. Padianallur Ooratchi Grama Makkal Pothu Nala Sangam, Rep. by its President Mr.Innasi ..Respondents (R4 impleaded as per order in Crl.M.P.No.11593 of 2019 in Crl.O.P.No.20860 of 2019 dated 20.08.2019) PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent to provide police protection to the petitioner's men and property at his cost.

For Petitioner : Mr.P.Raja For Respondents 1 & 2 : Mr.S.Karthikeyan Additional Public Prosecutor For Respondent 4 : Mr.G.Balaji

O R D E R

(This case has been heard through video conferencing) This Criminal Original Petition has been filed seeking direction to direct the second respondent to provide police protection to the petitioner's life and property.

2. Heard Mr.P.Raja, learned counsel for the petitioner, Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing

for the first respondent and Mr.G.Balaji, learned counsel appearing for the fourth respondent.

3. Today when the petition is came up for hearing, learned Additional Public Prosecutor appearing for the respondents 1 & 2 on instructions would submit that upon the representation given by the petitioner dated 29.07.2019, the second respondent herein initiated an enquiry in CSR.No.580 of 2019 and the same has been closed on 01.12.2019 itself. He would further submit that as of now, no petition / no enquiry is pending on the file of the second respondent in respect of the representation given by the petitioner.

4. In this regard, the learned counsel for the petitioner would submit that even after completing the enquiry, the fourth respondent herein made an attempt to interfere in the property owned by the petitioner.

5. Now on considering the rival submissions made by the learned counsels appearing on either side, in the absence of any representation given by the petitioner, this Court is not in a position to pass any positive direction in favour of the petitioner. However, the petitioner is at liberty to file a fresh representation before the second respondent police and if any such representation is received from the petitioner, the second respondent police is directed to consider the same within a period of three weeks from the date of receipt of the said representation.

6. With the above observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Commissioner of Police, Veppery, Chennai - 600 007.

2. The Inspector of Police, M4, Redhills Police Station, Redhills, Chennai - 600 052.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Haribabu, Advocate, S.R.No.34287 Crl.O.P.No.20860 of 2019 AJS(CO) RV(27/11/2020)