A.Malaisamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR A.Malaisamy ... Petitioner Vs.

1.The State of Tami Nadu rep., by The Superintendent of Police, Madurai District, Madurai.

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

3.The Inspector of Police, Othakadai Police Station, Madurai District.

4.Aandichamy 5.Selvakumar 6.Sivakumar 7.Ponni 8.Arichandran ... Respondents 1/5

PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 3 to give adequate police protection to the life and limb of the petitioner and also while harvesting the crops in the above said properties by considering his representation dated 30.12.2024 and for other reliefs.

For Petitioner : Mr.H.Mohammed Farook For R1 to R3 : Mr.K.Sanjai Gandhi Government Advocate(Crl.Side)

ORDER

The petitioner had sent a representation on 30.12.2024 to the first respondent stating that the private respondents 4 to 8 are interfering in the petitioner's peaceful enjoyment of the property and cultivation in his property. Earlier, he had given complaint and case in Crime No.255 of 2024 has been registered against the fourth respondent and others and thereafter, no investigation has been conducted. Since the respondent police did not turn up, the present petition.

2. The learned Government Advocate (crl.side) submitted that the petitioner's complaint dated 30.12.2024 has been received and the it is the stage of current paper and enquiry is pending with the third 2/5

respondent. The fourth respondent is none other than the father of the petitioner. There is a family dispute over the property and on the petitioner's earlier complaint, Crime No.255 of 2024 assigned and after conducting investigation, it was found that the complaint to be exonerated and closed as 'Mistake of Fact' on 17.07.2024. Now, with the similar cause of action, the petitioner had sent a complaint to the Superintendent of Police on 30.12.2024, which has been forwarded to the third respondent.

3. The learned counsel for the petitioner, on instructions, submitted that the petitioner would appear before the third respondent on 05.02.2025 for enquiry.

4. Considering the submissions made, the petitioner is directed to appear before the third respondent on 05.02.2025 for enquiry and the third respondent also to ensure that the presence of private respondents on that day and conclude the investigation within a period of two months thereafter.

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

30.01.2025 NCC : Yes / No Index : Yes / No Rmk To 1.The Superintendent of Police, Madurai District, Madurai.

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

3.The Inspector of Police, Othakadai Police Station, Madurai District.

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

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M.NIRMAL KUMAR, J.

Rmk 30.01.2025 5/5