J.Kumar v. District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.25584 of 2023 and W.M.P.No.24979 of 2023 J.Kumar .. Petitioner Vs.

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

2.The Deputy Superintendent of Police, Asthampatti Police Station, Salem - 636 007.

Udhagamandalam - 643 001.

3.The Inspector of Police, Tiruchengode.

4.Sukumar 5.Raghu 6.Sankar 7.Ganesh 8.Gopal 1/4

9.Sathish 10.Thennarasu ..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 to 3 to extent care and protection to the petitioner and his family members, functioning at the place of land measuring 0 Acre 11 cents comprised in Survey No.39/1 to 39/10 and right to usage of land together with pay way right comprised in S.No.156/1, 2 situated at Tiruchengode village within the sub registration district of Tiruchengode and within the registration district of Namakkal and within the then district Salem and now within the district of Namakkal.

For Petitioner : Mr.D.Ashok Kumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor for 1 to 3

O R D E R

This writ petition has been filed for a direction to the respondent police to provide police protection to the petitioner and his family members based on the complaint given by the petitioner.

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2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for respondents 1 to 3.

3.It is seen from records that based on the complaint given by the petitioner, an FIR has already been registered in Crime No.158 of 2023 on 08.05.2023 for offence under Sections 447, 427, 294 (b), 323 and 506(ii) of IPC. According to the petitioner, he and his family members are facing life threat from the accused persons. Hence, a separate complaint was given in this regard and the same was enquired by the respondent police through proceedings dated 22.06.2023. The petitioner was informed that the investigation is pending and hence, this complaint cannot be independently acted upon.

4.Taking into consideration the facts and circumstances of the case, it will suffice if a direction is given to the 3rd respondent to complete the investigation in Crime No.158 of 2023, within a period of three months from the date of receipt of copy of this order. The 3rd respondent shall also keep in mind the threat perspective expressed by the petitioner and his family members. 3/4

N.ANAND VENKATESH, J ssr 5.This writ petition is disposed of with the above directions. Consequently, connected miscellaneous petition is closed. No Costs. 31.08.2023 Index : Yes/No Internet : Yes/No ssr To 1.The District Superintendent of Police, Office of the Superintendent of Police, Namakkal District, Namakkal.

2.The Deputy Superintendent of Police, Asthampatti Police Station, Salem - 636 007.

Udhagamandalam - 643 001.

3.The Inspector of Police, Tiruchengode.

4.The Public Prosecutor High Court of Madras, Madras.

W.P.No.25584 of 2023 and W.M.P.No.24979 of 2023 4/4