Madras High CourtCRL OP/479/2024disposed of

C.Prakash v. State Rep By

2024-01-11Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.1.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH C.Prakash

...Petitioner

Vs.

1.The Sub-Inspector of Police, Taluk Police Station, Tirupathur District.

2.Anandan 3.Viswanathan 4.Vanitha 5.Kuppan

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the respondent police to give police protection for measurement of the petitioner's property situated at Tirupathur Village, Tirupathur District in Survey No.159/1A2 of an extent of 0.08 cents based on the complaint given by the petitioner on 28.9.2023 on the file of the respondent police.

For Petitioner : Mr.P.M.Jayachandran For Respondent-1 : Mr.A.Damodaran, APP 1/4

O R D E R

This Petition has been filed seeking to direct the first respondent to give police protection for measurement of the petitioner's property situated at Tirupathur Village, Tirupathur District in Survey No.159/1A2 of an extent of 0.08 cents based on the complaint given by the petitioner on 28.9.2023 given to the first respondent.

2. Heard the learned counsel for petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

3. The learned Additional Public Prosecutor appearing for the first respondent submitted that on the complaint given by the petitioner, a petition enquiry is pending in the complaint dated 28.9.2023 on the file of the first respondent and a final decision will be taken on the complaint given by the petitioner.

4. The first respondent is directed to conduct enquiry in keeping with 2/4

the judgment of the Supreme Court of India in the case of Lalitha Kumari Vs. Government of Uttar Pradesh [reported in 2013 (6) CTC 353], wherein the Supreme Court has enumerated the nature of cases where the preliminary enquiry can be conducted and has also restricted the period, for which, the preliminary enquiry can be conducted. The first respondent is also directed to complete the enquiry in the case and take a decision within a period of two (2) weeks from the date of receipt of a copy of this order. With the above direction, this Criminal Original Petition is disposed of.

11.1.2024 Index : Yes/No To 1.The Sub-Inspector of Police, Taluk Police Station, Tirupathur District.

2.The Public Prosecutor, High Court of Madras.

rka N.ANAND VENKATESH, J 3/4

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