Madras High CourtCRL OP(MD)/11904/2015disposed of

M/S.Indus Towers Ltd., v. The Inspector Of Police

2015-06-29Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.11904 of 2015 M/s. Indus Towers Limited, (Formerly known as M/s. Bharti Cellular Limited), having its circle office at 5 (NP), ESPEE, IT Park, 5th Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai 600 097.

represented by its Legal Manager, D.Harikrishnan.

... Petitioner Vs.

1. The Inspector of Police, Dindigul Town Police Station, Dindigul Town, Dindigul.

2. The Deputy Superintendent of Police, Dindigul Town, Dindigul.

3. The Superintendent of Police, District Police Office, Dindigul District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the respondents herein to provide the effective police protection to the petitioner's company to remove the cell phone tower and its related all electrical and electronics equipments from the premises at Ismail Sait Complex, Behampur, Madurai Road, Dindigul-2.

For Petitioner : Mr.K.Govindarajan For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed for a direction to the respondents to provide effective police protection to the petitioner's company to remove the cell phone tower and its related all electrical and electronics equipments from the premises at Ismail Sait Complex, Behampur, Madurai Road, Dindigul-2. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side).

3. In view of the respective contentions raised herein, this Court directs the first respondent to re-open the enquiry on the petitioner's complaint dated 16.06.2015 and to hold fresh enquiry in the presence of the parties and to proceed with the case in the manner known to law and in compliance with the direction of Hon'ble Apex Court in (2014) 2 SCC 1 (Lalitha Kumari v. Government of Uttar Pradesh and others) and the petitioner is directed to cooperate with the first respondent for enquiry as and when required. The first respondent is also directed to consider for affording police protection to the petitioner's company to vacate and remove the tower and related equipments from the premises at Ismail Sait Complex, Behampur, Madurai Road, Dindigul-2.

This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police, Dindigul Town Police Station, Dindigul Town, Dindigul.

2. The Deputy Superintendent of Police, Dindigul Town, Dindigul.

3. The Superintendent of Police, District Police Office, Dindigul District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One cc to M/s.K.Govindarajan, Advocate, SR.No.34425 akv RL/6 c- 10/7/2015 Crl.O.P.(MD)No.11904 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 29.06.2015