M.Dilibabu v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH M.Dilibabu ... Petitioner

Versus

1. The State Represented by the Inspector of Police, Thirunindravur Police Station, Thriuvallur District - 602 024.

2. S.Sivakumar

3. S.Madhan Raj

4. S.Thanga Raj

5. S.Loganathan

6. S.Venkatesan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to provide Police Protection to the petitioner in respect of land in Survey Nos.373/1 and 373/2 of Pakkam 'A' village in Thiruvallur District, as per the complaint dated 31.05.2023 on the file of the 1st respondent Police Station.

For Petitioner : Mr.P.Selvaraj For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R1 1/5

ORDER

This Criminal Original Petition has been filed for a direction to the respondent Police to provide Police protection to the petitioner based on the complaint / representation made by the petitioner on 31.05.2023.

2. The learned Additional Public Prosecutor, on instructions, submitted that the private respondents gave a complaint before the first respondent and the same was enquired in C.P.No.138 of 2023 and it was closed on 17.08.2023 by directing the parties to go before the competent Civil Court.

3. The learned Counsel for the petitioner submitted that there is already a Civil Court decree in favour of the petitioner and to substantiate the same, the judgment passed in the S.A.No.1330 of 2008 is brought to the notice of this Court. Therefore, the learned Counsel submitted that the respondent Police must be directed to enquire the complaint given by the petitioner.

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4. The learned Additional Public Prosecutor submitted that the respondent Police has not received any complaint from the petitioner and that if a fresh compliant is given in person, the parties will be enquired and a decision will be taken in accordance with law.

5. In view of the above, there shall be a direction to the petitioner to give a fresh complaint to the first respondent in person along with all relevant documents and the first respondent shall call the parties and make an enquiry and take a decision strictly in accordance with law within a period of four weeks from the date of receipt of the complaint.

6. This Criminal Original Petition is disposed off in the above terms. 04.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs/gvn To

1. The Inspector of Police, Thirunindravur Police Station, Thriuvallur District- 602 024.

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2. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

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