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Madras High CourtCRL OP/23446/2018dismissed

N.R.N.Neethi Mohan v. The Director General Of Police Ch

2021-09-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.23446 of 2018 N.R.N. Neethi Mohan, S/o N.R. Nathan .. Petitioner Vs.

1. The Director General of Police, Office of the Director General of Police, Mylapore, Chennai-600 004

2. The Superintendent of Police, District Police Office, Tiruvarur District,

3. The Inspector of Police Tiruvarur Town Police Station, Tiruvarur, Tiruvarur District.

.. Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to consider the pathetic condition of the Petitioner and pass orders to safeguard the life of the petitioner by directing the respondents to provide adequate police protection on the basis of payment of charges.

For Petitioner : Mr.K.M. Subramaniam For Respondents : Mr.A. Gopinath, Government Advocate(Crl.side)

O R D E R

The petitioner has filed this petition seeking to consider the pathetic condition of the Petitioner and pass orders to safeguard the life of the petitioner by directing the respondents to provide adequate police protection on the basis of payment of charges.

2. It is the case of the petitioner that he was doing real estate business along with 27 partners and in the course of business, 500 acres of nanja and punja lands were purchased for the purpose of developing the same as house sites. However, in view of the orders of the Government, not to develop the nanja lands as house sites, the said lands could not be utilised for the said purpose, due to which difference of opinion arose between the partners and the petitioner was threatened with dire consequences. Therefore, the petitioner filed Crl. O.P.

No.31528 of 2014 seeking police protection, which was granted by this Court, which was subsequently extended. However, the threat from the partners still continue and, therefore, left with no other alternative, the present petition has been filed seeking police protection once again.

3. Learned Government Advocate (Crl. Side) submits that there are two previous cases against the petitioners in Crime No.5 of 2019 u/s 406 & 420 of I.P.C and another in Crime No.171 of 2019 u/s 402 & 506 of I.P.C in which investigation is still pending. It is further submitted that earlier police protection was granted to the petitioner on the sole ground that he was not involved in any offence. However, as there are complaints against the petitioner in which investigation is pending, he prays for dismissal of the present petition seeking police protection.

4. Heard the learned counsel for the petitioner as well as the respondents.

5. The materials on record reveal that on the earlier occasion police protection was granted to the petitioner by this Court in Crl.O.P.No. 31528 of 2014 and the same was extended solely on the ground that the petitioner was not having any previous case. However, subsequent to the order passed by this Court, the petitioner had involved in criminal offences, which resulted in filing of Crime No.5 of 2019 and Crime No.171 of 2019 u/s. 402 & 506 of I.P.C. In the above circumstances, the petitioner being under investigation for certain criminal acts, this Court is not inclined to grant the relief as sought for by the petitioner in this petition.

6. Accordingly this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar nhs To

1. The Director General of Police, Office of the Director General of Police, Mylapore, Chennai-600 004.

2. The Superintendent of Police, District Police Office, Tiruvarur District,

3. The Inspector of Police Tiruvarur town Police Station, Tiruvarur,

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.23446 of 2018 SPD(CO) A.SK(20.10.2021)