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Madras High CourtCRL OP/25817/2024disposed of

K.Manjula v. The Commissioner Of Police,

2024-10-21Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No. 25817 of 2024 K.Manjula ... Petitioner Vs.

1.

The Commissioner of Police, Office of the Commissioner of Police, Tambaram, Chennai.

2.

The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Tambaram Sub-Division, Chennai.

3.

The Inspector of Police, T-2 Chrompet Police Station, Chrompet, Chennai.

4.

The Sub-Inspector of Police, T-2, Chrompet Police Station, Chrompet, Chennai.

5.

Mariyam Beevi ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C r/w Section 528 of BNSS Act to direct the respondent Nos. 2 to 4 not to harass the petitioner and his family under the guise of enquiry by considering the petitioner's representation dated 24.09.2024 in accordance 1/4

with law within the time stipulated by this Court. For Petitioner : Mr.J.Prakasam for I.Sabeer Mohamed For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) for R1 to R4 Mr.G.Mohammed Aseef for R5

O R D E R

The petitioner herein being forcibly evicted by the fifth respondent herein with the help of the Police is before this Court seeking protection from the Police.

2. On the date when the matter came for admission on 19.10.2024, the fifth respondent, who claims to be a land owner, appeared through a counsel and states that the possession was taken on volunteer surrender by one Sathish, who is the sub-lessee under the petitioner. However, from the records, the property was leased to the petitioner after receiving the advance of Rs.1,00,000/-, but it appears that the petitioner being re-possessed forcibly without returning the advanced money by creating record as if possession was taken from one Sathish - sub lessee under the petitioner. The complaint given by the petitioner as well as the fifth respondent is closed by the Police as civil in nature. However, the 2/4

allegation of unlawful eviction is not being considered by the respondents/Police. Hence, this Criminal Original Petition is disposed of directing the respondents/Police to give adequate police protection to the petitioner's life and possession of lease hold property. 21.10.2024 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.

The Commissioner of Police, Office of the Commissioner of Police, Tambaram, Chennai.

2.

The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Tambaram Sub-Division, Chennai.

3.

The Inspector of Police, T-2 Chrompet Police Station,Chrompet, Chennai. 4.

The Sub-Inspector of Police, T-2, Chrompet Police Station,Chrompet, Chennai. 5.

The Public Prosecutor, High Court, Madras.

Dr.G.JAYACHANDRAN, J.

ms 3/4

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