Madras High CourtCRL OP/26022/2016closed

Dravida Jothi Radiam, v. The Superintendent Of Police,

2016-12-02Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2016

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.26022 of 2016 Dravida Jothi Radiam M. Arjunan Petitioners vs.

The Superintendent of Police Perambalur District The Deputy Superintendent of Police Perambalur District The Inspector of Police Perambalur Police Station Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking to direct the respondents to provide police protection to the petitioners and to their property comprised in new survey no.140/17A situate at Perambalur Town and Taluk to erect the gate.

For petitioners Mr. C. Prabakaran For respondents Mr. C. Emalias Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the respondents to provide police protection to the petitioners and to their property comprised in new survey no.140/17A situate at Perambalur Town and Taluk to erect a gate. It is the case of the petitioners that they are the owners of the property comprised in S. No.140/17A in Perambalur Town and Taluk and that one Ganesan is preventing them from

putting up a gate in their property.

In this regard, on the complaint given by Arjunan, the second petitioner, the Inspector of Police, Perambalur Police Station has registered a case in Cr. No.994 of 2016 on 02.11.2016 under Sections 294(b), 506(1) and Section 3(1)(x) of the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, against the said Ganesan and investigation is pending.

While so, the petitioners have filed the present Criminal Original Petition for police protection.

Since Ganesan has not been impleaded as a party respondent in this Criminal Original Petition, this Court cannot issue an ex parte direction. It is also seen that the petitioners have sent a complaint dated 16.11.2016 by post to the Inspector of Police, Perambalur Police Station, Perambalur, seeking police protection.

Under such circumstances, the petitioners are directed to go in person and lodge a complaint before the Inspector of Police, Perambalur, Perambalur District and on such complaint being lodged, the same shall be looked into by calling both the parties and action taken in accordance with law. With the above directions, this Criminal Original Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad To The Superintendent of Police Perambalur District The Deputy Superintendent of Police Perambalur District

The Inspector of Police Perambalur Police Station The Public Prosecutor High Court of Madras Chennai 600 104 +1cc to Mr.C. Prabakaran, Advocate, S.R.No.71580 scd(CO) md(20/12/2016) Crl.O.P. No.26022 of 2016