Madras High CourtCRL OP/24761/2016dismissed

K.Jaisankar, Aged 49 Years, v. The Superintendent Of Police,

2016-11-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2016

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.24761 of 2016 K. Jaisankar Petitioner Vs.

The Superintendent of Police Kanchipuram District at Kanchipuram The Inspector of Police Satras Police Station Satras, Kanchipuram District Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure seeking to direct the respondents police to provide adequate police protection to the petitioner and his family members and property situated at Survey No.154/8A, Perambakkam Village, Thirukazhukundram Taluk, Kanchipuram District totally to an extent of 82 cents. For petitioner Mr. A.Rajesh Kanna For respondents Mr. C. Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondents to provide adequate police protection to the petitioner and his family members and property situated at Survey No.154/8A, Perambakkam Village, Thirukazhukundram Taluk, Kanchipuram District, totally to an extent of 82 cents.

On the complaint lodged by the petitioner, petition enquiry is pending in CSR No.231 of 2016. While so, the petitioner has filed this Criminal Original Petition for the aforestated relief.

This Court cannot issue a direction as sought by the petitioner, for, the Supreme Court, in State of Punjab vs. Davinder Pal Singh Bhulla and Others, [(2011 14 SCC 770], has held in no uncertain terms that a petition under Section 482, Cr.P.C. can be entertained only in respect of matters which are pending on the file of the Courts subordinate to the High Court. https://hcservices.ecourts.gov.in/hcservices/

However, the respondents/police are directed to conduct enquiry in C.S.R. No.231 of 2016 by calling both the parties and take action in accordance with law.

This Criminal Original Petition stands dismissed with the above direction.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar cad To The Superintendent of Police Kanchipuram District at Kanchipuram The Inspector of Police Satras Police Station Satras Kanchipuram District The Public Prosecutor High Court of Madras Chennai 600 104 +1 cc to Mr.A.Rajesh Kanna Advocate sr 65048 Crl.O.P. No.24761 of 2016 rv(co) aa08/12/2016 https://hcservices.ecourts.gov.in/hcservices/