Mohammed Kasim v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.26203 of 2021 Mohammed Kasim

...Petitioner

Versus

1. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

2. The Commissioner of Police, O/o. Commissioner of Police, Vepery, Chennai 600 007.

3. The Inspector of Police, K.K.Nagar Police Station, K.K.Nagar, Chennai 600 078

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India to direct the respondents 1 and 2 to give the police protection to the petitioner with considering the petitioner's representation dated 23.11.2021.

For Petitioner :

Mr. M. Karthik For Respondents:

Mr. R.Vinothraja, Government Advocate (crl.side)

ORDER

This Writ Petition has been filed seeking a direction to direct the respondents to give police protection.

2. The learned counsel for the petitioner would submit that the petitioner is running a eatery in the name of "Namma Unavagam" at No.1A, Arcod Road, Vadapalani, Chennai. The petitioner was awarded contract for supply of food items to Doctors, Nurses and Para Medical Staffs, during the Corona period. On 26.06.2020, one Santhosh, Proprietor of Sky Fly Caters approached the petitioner and offered to supply groceries and vegetables to the petitioner's eatery, for which, both

entered into partnership agreement. Out of the income, the petitioner had paid a sum of Rs.44,57,420/- to the said Santhosh through Bank RTGS and NEFT. Now, the said Santhosh is making huge demand for more than Rs.50 lakhs from the petitioner. When the petitioner asked for accounts, he sent one Ahmed Ali Jinna and Yervadi kasim and threatened the petitioner. They claimed that if the amount is not settled to Santhosh, the petitioner would be murdered and the business of the petitioner will be completely ransacked. Hence, the petitioner lodged a complaint before the respondent police, but no action taken so far. Hence, the present petition.

3. The learned Government Advocate (crl.side), on instructions, submitted that the complaint of the petitioner was received through registered post. The petitioner had not mentioned his contact number in the complaint. Thereafter, twice information was sent to the petitioner ask him to appear before the respondent police and to furnish the copy of the complaint and to give explanation along with the relevant documents. But, the petitioner failed to respond the same. Only on the appearance of the petitioner, the veracity of complaint can be verified along with supporting documents and thereafter necessary action will be taken.

4. The learned counsel for the petitioner, on instructions, submitted that the petitioner shall appear before the respondent police on 14.12.2021 along with the copy of the complaint and relevant documents in support of his contention.

5. In view of the same, the petitioner is directed to appear before the respondent police on 14.12.2021 along with the copy of the complaint and relevant documents in support of his contention and thereafter, the respondent police to take action in accordance with law.

6.With the above directions, this Writ Petition is disposed of.No Costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar mrp

To

1. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore,Chennai 600 004.

2. The Commissioner of Police, O/o. Commissioner of Police, Vepery, Chennai 600 007.

3. The Inspector of Police, K.K.Nagar Police Station, K.K.Nagar,Chennai 600 078

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.M.Karthik, Advocate, S.R.No.66326 W.P.No.26203 of 2021 CP(CO) RGA(14/12/2021)