Annamalai v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.31928 of 2019 Annamalai

...Petitioner

Vs

1. The Inspector of Police, Katpadi Police Station, Vellore District.

2. Pandu

3. Babu

4. Saravanan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 1st respondent to provide police protection to the petitioner land for laying wall covering the boundaries of the petitioner's property situated at Old Survey No.129/1, New Survey No.129/1A to an extent of 0.27.50 Hec. Of land in Patta No.39, Brahmapuram Village, Katpadi Taluk, Vellore District on the basis of the complaint dated 04.10.2019. For Petitioner : Mr.S.Venkatesh For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor for R1

O R D E R

This Criminal Original Petition has been filed to direct the 1st respondent to provide police protection to the petitioner's land for laying wall covering the boundaries of the petitioner's property situated at Old Survey No.129/1, New Survey No.129/1A to an extent of 0.27.50 Hec. of land in Patta No.39, Brahmapuram Village, Katpadi Taluk, Vellore District, on the basis of the complaint dated 04.10.2019.

2.In connection with the civil dispute, the petitioner apprehends that the respondent 2 to 4 are createing obstructions for laying of wall and thereafter, given a representation to the 1st respondent on 04.10.2019, seeking for police protection. https://hcservices.ecourts.gov.in/hcservices/

Since the representation has not been considered within a reasonable time, the present criminal original petition has been filed.

3.The issue as to whether police protection can be extended or not depends on the factual matrix of the matter and as such, this Court may not be justified in stepping into the shoes of the Investigation Officer and directing them to provide police protection.

4.Nevertheless, if the 1st respondent herein is directed to dispose of the petitioner's representation dated 04.10.2019 within a reasonable time, the ends of justice could be secured. 5.In the light of the above observations, there shall be a direction to the 1st respondent to consider the petitioner's representation dated 04.10.2019, as expeditiously as possible, in any event, within a period of eight weeks from the date of receipt of a copy of this order.

6.Accordingly, this criminal original petition stands disposed of.

Sd/- Assistant Registrar(J) // True Copy// Sub Assistant Registrar ssr/sbn To

1. The Inspector of Police, Katpadi Police Station, Vellore District.

2. The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.Venkatesh, Advocate, SR.No.98643. Crl.O.P.No.31928 of 2019 (CO) CSR(26/11/2019) https://hcservices.ecourts.gov.in/hcservices/