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Madras High CourtCRL OP(MD)/5942/2019disposed of

Ansar Ali v. The Inspector Genral Of Police

2019-04-25Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.5942 of 2019 Ansar Ali : Petitioner Vs.

1.State represented by The Inspector General of Police, Central Zone, Trichy.

2.State represented by The Superintendent of Police, Trichy District, Trichy.

3.State represented by The Deputy Superintendent of Police, Manapparai, Trichy District.

4.State represented by The Inspector of Police, Puthanatham Police Station, Trichy District.

5.Rahamathullah 6.Amanullah 7.Jakkariya 8.Parakkathullah 9.Supaitthullah : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Respondents No.1 to 4 to give necessary Police protection to the life and limb of the Petitioner and his residing house comprised in Survey No.582/8, situated at Door No.1249, Middle Street, Puthanatham, Manapparai Taluk, Trichy District on the basis of the Petitioner's representation dated 16.04.2019, 20.04.2019.

For Petitioner : Mr.A.Joel Paul Antony For R-1 to R-4 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner complains that he faces threat to his life, limb, liberty and right for a common pathway at the instance of the respondents 5 to 8.

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 the pathway is comprised in Survey No.582/8, situated at Door No.1249, Middle Street, Puthanatham, Manapparai Taluk, Trichy District and as per the A-Register [Village], it is classified as https://hcservices.ecourts.gov.in/hcservices/

Government Pathway and it is belonging to the Government and that the same has been upheld by the Division Bench of this Court in W.P. (MD)No.1254 of 2017.

4. The learned Additional Public Prosecutor submitted that the complaint preferred by the petitioner is pending.

5. Inasmuch as the complaint preferred by the petitioner is pending enquiry, the fourth 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 and liberty of the petitioner. It is made clear that this Court does not order granting of police protection 24 x 7 and the fourth respondent is left to decide on the basis of the objective assessment of the threat perception of the petitioner from time to time.

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

Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To 1.The Inspector General of Police, Central Zone, Trichy.

2.The Superintendent of Police, Trichy District, Trichy.

3.The Deputy Superintendent of Police, Manapparai, Trichy District.

4.The Inspector of Police, Puthanatham Police Station, Trichy District.

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

+1 CC to M/s.A.JOEL PAUL ANTONY, Advocate SR-62530. Crl.O.P.[MD]No.5942 of 2019 25.04.2019 CS: (04/06/2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/