M.Jannath Kani v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL M.Jannath Kani .. Petitioner Vs.

1. The Superintendent of Police Thanjavur District Thanajvur

2. The Deputy Superintendent of Police Thiruvidaimaruthur Thanjavur

3. The Inspector of Police Thiruppananthal Police Station Thiruppananathal Thanjavur District 4.P.Rajendran .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 2 and 3 to give to necessary police protection to the petitioner's life and limb and enter into petitioner's property in the light of the civil court decree based on the petitioner's complaint dated 13.12.2024.

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For Petitioner : Mr.G.Gomathi Sankar For Respondent : Mr.R.M.Anbunithi No.1 to 3 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents 2 and 3 to give necessary police protection to the petitioner's life and limb and enter into petitioner's property in the light of the civil court decree based on the petitioner's complaint dated 13.12.2024.

2. According to the petitioner based on the final decree proceedings passed in O.S.No.19 of 1996 on the file of the Additional Sub Court, Kumbakonam properties were allotted to him. Thereafter the fourth respondent trespassed into the property and caused criminal intimidation. Therefore the petitioner had sent a representation on 13.12.2024 to the third respondent but the third respondent has not taken any action, hence he has filed the above petition.

3. The learned Additional Public Prosecutor appearing for the respondent police would submit that the respondent police have received the complaint of the petitioner on 08.01.2025 and it is now under 2/5

consideration and they are conducting enquiry and will complete the same as early as possible.

4. Considering the limited prayer of the petitioner this Court is confined to pass orders in respect of the criminal complaint without issuing notice to the private respondents.

5. In view of the same, this Court directs the third respondent to dispose the petitioner's representation dated 13.12.2024 as early as possible. In so far as the police protection is concerned since already final decree proceedings has been passed it is for the petitioner to approach the civil court and seek his remedy in the manner known to law. So far as other allegation in respect of trespass in to the property the respondent police is directed to dispose the representation given by the petitioner in accordance with law on merits.

6. With the above direction, the Criminal Original Petition stands disposed of.

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To

1. The Superintendent of Police Thanjavur District Thanajvur

2. The Deputy Superintendent of Police Thiruvidaimaruthur Thanjavur

3. The Inspector of Police Thiruppananthal Police Station Thiruppananathal Thanjavur District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

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