Madras High CourtCRL OP/26051/2019disposed of

M.Narayanan v. The Inspector Of Police,

2019-11-26Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.26051 of 2019 M.Narayanan ... Petitioner Vs.

The Inspector of Police, Sankari Police Station, Salem District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent herein to give police protection to the petitioner for fencing the property at S.No.40/1B3, to an extent of 0.25 cents situated at Sankari Village, Sankari Taluk, Salem District by considering the petitioner's representation dated 03.09.2019. For Petitioner : Mr.N.Bhuvaneshwaran For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

ORDER

Apprehending obstructions from the third parties, the petitioner had sought for police protection for the purpose of fencing the property at S.No.40/1B3, to an extent of 0.25 cents situated at Sankari Village, Sankari Taluk, Salem District, by a representation dated 03.09.2019 and in view of the inaction on the part of the respondent to consider the petitioner's representation, the present petition has been filed.

2. The decision as to whether the petitioner would be entitled for police protection or not is within the domain of the Investigating Officer and this Court may not be justified in interfering with the said decision. Nevertheless, if the first respondent herein is directed to consider the petitioner's representation on its own merits within a stipulated time, the ends of justice could be secured.

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3. In the light of the above observation, there shall be direction to the first respondent to consider the petitioner's representation dated 03.09.2019, as expeditiously as possible, in any event, within a period of twelve weeks from the date of receipt of a copy of this order. While taking any further action on the representation, the first respondent shall extend due opportunity to the petitioner as well as any other person, who may be interested in the subject matter and take such action in accordance with law.

4. Accordingly, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vkr To 1.The Inspector of Police, Sankari Police Station, Salem District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Bhuvaneshwaran, Advocate Sr.99054 Crl.O.P.No.26051 of 2019 br[co] srg 13/01/2020 https://hcservices.ecourts.gov.in/hcservices/