Madras High CourtCRL OP(MD)/1957/2022dismissed

A. Kasinathan v. The Superintendent Of Police

2022-02-21Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.Kasinathan ... Petitioner Vs.

1.The Superintendent of Police, 2.The Deputy Superintendent of Police, Alangudi, Alangudi Taluk, 3.The Inspector of Police, Karambakudi Police Station, Karambakudi, 4.V.Periammal 5.T.Pichaiyammal 6.P.Ravi 7.R.Vishwanathan ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondents 1 to 3 to provide necessary police protection to the petitioner's immovable property situated at Pallavarayanpathai Village, Karambakudi Taluk, Pudukottai District, comprising Punja Survey No.500-2 to the extent of Acre 0.77, Survey No.500-4 to the extent of Acre 2.30, Survey No.501-4 to the extent of Acre 1.31 and consequently forbearing the respondents 4 to 7 from interfering with petitioner's peaceful possession. For Petitioner : Mr.G.Peranaban For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side) for R.1 to R.3 Mr.S.Maruthu Pandian for R.4 Mr.D.Ramesh Kumar for R.5 & R.6

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to provide necessary police protection to the 1/3

petitioner's immovable property situated at Pallavarayanpathai Village, Karambakudi Taluk, Pudukottai District, comprising Punja Survey No.500-2 to the extent of Acre 0.77, Survey No.500-4 to the extent of Acre 2.30, Survey No.501-4 to the extent of Acre 1.31 and consequently forbearing the respondents 4 to 7 from interfering with petitioner's peaceful possession.

2. The learned counsel appearing for the petitioner would submit that the petitioner lodged a complaint on 21.01.2021 on the cause of the civil Court decree seeking police protection.

3. However, the learned Additional Public Prosecutor (Criminal Side), on instructions, would submit that so far, no complaint has been received from the petitioner.

4. In view of the above, the petitioner is at liberty to lodge a fresh complaint on fresh cause of action before the jurisdictional police. If the complaint lodged by the petitioner, the respondent police is directed to conduct an enquiry on merits and in accordance with law.

5. With these observations and directions, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) mga Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, 2.The Deputy Superintendent of Police, Alangudi, Alangudi Taluk, 2/3

3.The Inspector of Police, Karambakudi Police Station, Karambakudi, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.MARUTHUPANDIAN, Advocate ( SR-7832[F] dated 22/02/2022 ) 21.02.2022 RJ(CO) GC(10.03.2022) 3P 6C 3/3