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Madras High CourtCRL OP/28971/2017disposed of

Babu Rangasamy, M/A 52 Yrs, v. The Commissioner Of Police,

2019-04-15Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.28971 of 2017 Babu Rangasamy .. Petitioner Vs 1.The Commissioner of Police, Greater Chennai City, E.V.K. Sampath Salai, Vepery, Chennai-600 007.

2.The Inspector of Police, S-6, Shankar Nagar Police Station, No.16, 22nd Street, Shankar Nagar, Pammal, Chennai-600 075.

3.S.Srinivasan (3rd respondent is impleaded as per the order of this Hon'ble Court dated 30.01.2018 made in Crl.M.P.No.1020 of 2018 in Crl.O.P.28971 of 2017) .. Respondents Prayer :- Criminal Original Petition filed under Section 482 Cr.P.C. to directing the respondent police to give protection to the petitioner and his family members from the above said S.Srinivasan, Kutti @ Vasudevan and Madhavan and their henchmen. For Petitioner : Mr.T.Muthukrishnan For Respondents For R1 & R2 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R3 : Mr.G.K.Sekar

O R D E R

This petition has been filed seeking for police protection to the petitioner and his family members.

2.It is seen that the petitioner's father was found missing and till date, he was not found. Suspecting that his father had been kidnapped and killed, the petitioner made a complaint to the 2nd respondent on 29.11.2017. Since no action has been taken, the petitioner has filed the present petition with the aforesaid prayer.

3.The learned counsel for the petitioner submitted that the petitioner's father owned 2975 Sq.ft of vacant land at Nagalkenichery, Pammal Village, Tambara, Taluk, Kancheepuram District. Suddenly, unknown persons tried to encroach the said property during the year 2009. Therefore, the petitioner's father filed a suit in O.S.No.808 of 2009. Thereafter, the petitioner's father felt ill and was admitted in the hospital. On 12.03.2010, suddenly, the petitioner's father found missing. Suspecting that his father have been kidnapped by the unknown persons, who tried to encroach their land, the petitioner lodged a complaint before the 2nd respondent on 29.11.2017 and also sought for police protection for the petitioner and his family members from above said accused persons.

4.The learned Additional Public Prosecutor submitted that status report is awaited.

5.Heard both sides.

6.The petitioner seeks direction to the respondents to provide police protection to him as well as his family members. Now, almost two years have been lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner cannot be granted now. However, the petitioner is at liberty to file a fresh petition, on fresh cause of action, if so advised. Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar rm To 1.The Commissioner of Police, Greater Chennai City, E.V.K. Sampath Salai, Vepery, Chennai-600 007.

2.The Inspector of Police, S-6, Shankar Nagar Police Station, No.16, 22nd Street, Shankar Nagar, Pammal, Chennai-600 075.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.K.Sekar, Advocate SR.No.37195 +1cc to Mr.T.Muthukrishnan, Advocate SR.No.38395 Crl.O.P.No.28971 of 2017 RSV(CO) GMY(25/06/2019)