S.N.Chandrasekar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.No.26101 of 2019 S.N.Chandrasekar, S/o.Narasimhan.

...Petitioner

Vs

1. The Commissioner of Police, Veppery, Chennai - 600 007.

2. The Inspector of Police, Kavarapettai Police Station, Kavarapettai, Thiruvallur.

3. V.Moorthy

4. Alamelu

5. Savathiri

6. S.Sangeetha

7. S.Saikumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying direction to direct the second respondent to provide police protection to the petitioner's life and limb and to his property, at his cost.

For Petitioner : Mr.P.Raja For Respondents For R1 & R2 : Mr.S.Karthikeyan Additional Public Prosecutor For R3 to R5 : No appearance For R6 : Mr.E.J.Ayyappan For R7 : Not ready in notice

ORDER

This Criminal Original Petition has been filed seeking direction to direct the second respondent to provide police protection to the petitioner's life and limb and to his property.

2.

Heard Mr.P.Raja, learned counsel appearing for the petitioner, Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the respondents 1 & 2 and Mr.E.J.Ayyappan, learned counsel appearing for the sixth respondent.

3.

The learned counsel appearing for the petitioner would submit that the petitioner being the auction purchaser, he is in possession of the property bearing survey No.230/2, Katnamalli Village. He would further submit that after giving possession by the bank authorities, the erstwhile owner of the said land causing disturbances to the possession of the petitioner and therefore, the petitioner needs police protection. 4.

Per contra, the learned Additional Public appearing for the second respondent would contend that upon representation given by the petitioner dated 22.08.2019, the second respondent police conducted an enquiry in C.S.R.No.469 of 2019 and after completing due enquiry, the same has been closed. According to him as of now, no representation alleged to be given by the petitioner is pending with the second respondent police. 5.

Now considering the rival submission made on either side, in the absence of any representation from the petitioner, this Court cannot pass any positive order in favour of the petitioner. However, it is open to the petitioner to file fresh complaint when ever necessary and if such complaint has been presented before the second respondent, the second respondent is directed to consider the same in accordance with law. 6.

With the above directions, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rts

To

1. The Commissioner of Police, Veppery, Chennai - 600 007.

2. The Inspector of Police, Kavarapettai Police Station, Kavarapettai, Thiruvallur.

3. The Public Prosecutor Madras High Court, Chennai.

+1cc to Mr.P.Raja, Advocate, SR39876 Crl.O.P.No.26101 of 2019 CO(GJ) BDL/07/01/2021