Madras High CourtCRL OP(MD)/1882/2018disposed of

K. Kalichamy v. The Superintendent Of Police

2018-02-07Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1882 of 2018 K.Kalichamy ... Petitioner -vs1.The Superintendent of Police, Dindigul District, Dindigul.

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

3.The Inspector of Police, Ottanchathiram Police Station, Dindigul District.

4.The Sub Inspector of Police, Ambilikai Police Station, Ambilikai, Dindigul District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to directing the respondents herein to provide adequate Police protection to the petitioner and his property to an extent of 20 cents comprised in Survey No.86/1, Thangachiammapatti, Ottanchathiram Taluk, Dindigul District, based upon the representation dated 18.09.2017.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, to direct the respondents to provide Police protection to the petitioner and his property, based upon the petition given by the petitioner, dated 18.09.2017.

2.The learned counsel appearing for the petitioner has submitted that on 24.05.2017, one Nachimuthu Gounder and five others trespassed into the petitioner's property and assaulted the petitioner and also criminally intimidated him and hence he has lodged a complaint and based on that complaint, the fourth https://hcservices.ecourts.gov.in/hcservices/

respondent has registered a case in Crime No.74 of 2017, under Sections 147, 148, 294(b), 324 and 506(ii) I.P.C., and thereafter the fourth respondent has not taken any follow up action and taking advantage of the inaction of the fourth respondent, the aforesaid accused persons again criminally intimidating the petitioner and hence the petitioner is not able to enjoy his property and hence the petitioner has lodged another complaint on 08.09.2017, before the fourth respondent, but, so far no action has been taken. 3.The learned Government Advocate (Crl.Side) has submitted that the investigation in Crime No.74 of 2017, has been completed and the charge sheet also filed before the learned Judicial Magistrate, Ottanchathiram. He further submitted that with regard to the second complaint, the enquiry is still pending.

4.Considering the aforesaid submissions, the fourth respondent is directed to enquire the second complaint and if the second complaint discloses any cognizable offence, then he has to register a case and proceed in accordance with law. If necessary, he has to give Police protection also to the petitioner. 5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul District, Dindigul.

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

3.The Inspector of Police, Ottanchathiram Police Station, Dindigul District.

4.The Sub Inspector of Police, Ambilikai Police Station, Ambilikai, Dindigul District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.J.LAWRENCE,Advocate,SR. 47149 CRL.O.P.(MD)No.1882 of 2018 07.02.2018 SSS KK/MR/SAR 3/26.02.2018/ 2P- 7C/ https://hcservices.ecourts.gov.in/hcservices/