M.Karthik v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Karthik ... Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Pettai Police Station, Tirunelveli District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 to provide adequate police protection for the petitioner and his family members for their life and limb on the basis of the petitioner's complaint dated 20.01.2023.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.SS.Madhavan Government Advocate (Crl. Side) 1/6

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondents 1 and 2 to provide adequate police protection to the petitioner and his family members and their life and limb on the basis of the petitioner's complaint dated 20.01.2023.

2. The learned counsel appearing for the petitioner would submit that one Ayyappan was the tenant in respect of the shop owned by the petitioner's grandfather and subsequently after the death of the petitioner's grandfather, the petitioner has become the owner of the property, that the said Ayyappan, after vacating the premises, has filed a civil suit in O.S.No.356 of 2022 and after obtaining interim injunction, entered into the premises, that subsequently, the said Ayyappan has filed an interlocutory application in I.A.No.1 of 2022 and that the learned 1st Additional District Munsif, Tirunelveli has dismissed the same on 12.01.2023. He would further submit that the learned 1st Additional 2/6

District Munsif has given a finding that the said Ayyappan, after getting the interim injunction, had broke open the lock of the shop and trespassed into the property, that the said Ayyappan was not in the possession on the date of filing of the suit and that the third respondent, who is the Inspector of Police, was impleaded unnecessarily. He would further submit that after the dismissal of the interim injunction, on the basis of the complaint of the said Ayyappan, two FIRs came to be registered against the petitioner on 14.01.2023 and that the petitioner has sent a representation to the first respondent.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the first respondent has not forwarded the petitioner's representation to the second respondent so far.

4. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner is ready to give fresh representation to the second respondent.

5. Recording the submissions made on either sides, the petitioner is directed to give a fresh representation to the second respondent and on 3/6

such representation, the second respondent is directed to consider the same and pass orders within a period of one week from the date of representation.

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

30.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Pettai Police Station, Tirunelveli District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 30.01.2023 6/6