Madras High CourtCRL OP(MD)/4836/2019disposed of

L. Narayanan, v. The Superintendent Of Police

2019-04-01Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.4836 of 2019 L.Narayanan ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Seithuganallur Police Station, Thoothukudi District.

3.Barathirajan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to give adequate police protection to the life and liberty of the petitioner and his workers to construct the house on plot No.69 in survey No.816/3 Seithuganallur Village, Srivaikundam Taluk on the basis of the representation of the petitioner dated 20.02.2019. For Petitioner : Mr.R.Krishnan For R-1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent police to give adequate police protection to the life and liberty of the petitioner and his workers to construct the house on plot No.69 in survey No.816/3 Seithuganallur Village, Srivaikundam Taluk on the basis of the representation of the petitioner dated 20.02.2019.

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

3. The learned counsel appearing for the petitioner submits that the petitioner faces threat to his life, limb, liberty and right to property in S.No.816/3, Seithuganallur Village, Srivaikundam Taluk, at the hands of the third respondent.

4. The learned Additional Public Prosecutor submitted that the Executive Magistrate would be initiating a proceeding under Section 145 Cr.P.C., on the complaint given by the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. The said statement of the learned Additional Public Prosecutor is recorded.

6. Inasmuch as there is no threat presently involved, nothing survives in this petition. If the petitioner further faces any threat in future, he may approach the second respondent and give a fresh complaint to him and on such fresh complaint, the second respondent is directed to enquire into the matter of the complaint filed by the petitioner and take such appropriate decision as may be necessary to protect the life, liberty and right to the property of the petitioner. It is made clear that this Court does not order granting of police protection 24 x 7 and the second respondent is left to decide on the basis of the objective assessment of the threat perception of the petitioner from time to time.

7. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Seithuganallur Police Station, Thoothukudi District.

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

+1 CC to M/s.R.KRISHNAN, Advocate ( SR-58701[F] dated 03/04/2019) Crl.O.P.(MD)No.4836 of 2019 01.04.2019 ES/30.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/