Madras High CourtCRL OP(MD)/4620/2019disposed of

V.Kannan v. The Superintendent Of Police

2019-03-28Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4620 of 2019 V.Kannan : Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Thirumangalam Range, Madurai District, Madurai.

3.The Inspector of Police, Law and Order, Perungudi Police Station, Madurai.

4.Amasi 5.Seenivasan 6.Palani :Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the third respondent to give protection for the petitioner's life and limb and his property and also take action as against the fourth and fifth respondents.

For Petitioners : Mr.J.Sathiaraj For R-1 and R-2 : Mr.V.Neelakandan, Additional Public Prosecutor.

ORDER

The present petition is filed to direct the third respondent to give protection for the petitioner's life, limb and his property.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the official respondents.

3. The learned counsel for the petitioner alleges that the petitioner, a physically challenged man, is being harassed by the respondents 4 to 6 in a dispute over a pathway and they sprinkle glass pieces and other sorts of articles in the pathway and cause huge inconvenience.

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4. The learned Additional Public Prosecutor submitted that the

complaint has been filed by the petitioner, based on which preliminary enquiry was conducted by the third respondent police.

5. Inasmuch as the petitioner claims himself to be physically challenged, the nature of nuisance alleged to have been caused by the respondents 4 to 6 is peculiar and exemplifies the sense of ingenuity, and hence this Court now directs the third respondent to issue fresh summons to both sides for enquiry and upon holding such enquiry, he shall take appropriate decision as is necessary to preserve the life, limb, liberty and the alleged right over the pathway. The second respondent is directed to monitor the course of such primary enquiry.

6. With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Thirumangalam Range, Madurai District, Madurai.

3.The Inspector of Police, Law and Order, Perungudi Police Station, Madurai.

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

+1cc to Mr.S.SATHIARAJ, Advocate, SR.No. 57487 Crl.O.P.[MD]No.4620 of 2019 28.03.2019 TA KK/SAR/08.05.2019/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/