Madras High CourtCRL OP(MD)/5788/2019disposed of

B.Ramalingam v. The Inspector Of Police

2019-04-23Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5788 of 2019 B.Ramalingam : Petitioner Vs.

1.The Inspector of Police, Thuvarankurichi Police Station, Marungapuri Taluk, Trichy District.

2.Chinnammal : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the 1st respondent to provide adequate police protection to the petitioner and his family members to the life and liberty of the petitioner to measure his land and lay stones and fence in S.F.No.96/1 to an extent of 1 Acre 32 Cents situated at Akkiyampatti Village, Palayapalayam Post, Marungapuri Taluk, Trichy District, based on the petitioner's representation dated 03.04.2019. For Petitioner : Mr.S.Gopalamanikandan For R-1 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner faces threat to his life, limb, liberty and right to property at the hands of the first respondent.

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

3. The learned counsel appearing for the petitioner submitted that there was a property dispute between the petitioner and the second respondent, based on which, the petitioner filed O.S.No.367 of 2011 before the District Munsif Court, Manaparai and the same came to be decreed on 07.08.2017. Yet, the petitioner faces threat.

4. The learned counsel appearing for the petitioner further submitted that the petitioner has preferred a complaint on 03.04.2019.

5. In response to the submission of the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor submitted that no complaint has been received. https://hcservices.ecourts.gov.in/hcservices/

6. Considering the facts and circumstances of the case, the petitioner is now directed to prefer a fresh complaint of his alleged threat perception and on such fresh complaint, the first respondent is directed to cause such necessary enquiry on the complaint filed by the petitioner and take such appropriate decision as may be necessary to protect the life, limb, 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 first 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 (AD-I) / True Copy / Sub Assistant Registrar(CS) sm To 1.The Inspector of Police, Thuvarankurichi Police Station, Marungapuri Taluk, Trichy District.

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

+1 CC to M/s.S.GOPALAMANIKANDAN, Advocate ( SR-61741[F] dated 23/04/2019 ) Crl.O.P.(MD)No.5788 of 2019 23.04.2019 ES/13.05.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/