Madras High CourtCRL OP(MD)/6010/2019disposed of

Balasekaran, v. The Superintendent 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.6010 of 2019 Balasekaran : Petitioner Vs.

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

2.The Inspector of Police, Nagamalai puthukottai Police Station, Madurai District.

3.P.Muthupandi : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., directing the respondents 1 & 2 to grant necessary police protection to the petitioner and his family members and his property in Sy.No.223/4A2 situated at Vadivel Karai on the basis of the petitioner representation dated 22.03.2019.

For Petitioner : Mr.A.Joseph Jerry For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition is filed to direct the respondents 1 & 2 to grant necessary police protection to the petitioner and his family members and his property in Sy.No.223/4A2 situated at Vadivel Karai on the basis of the petitioner representation dated 22.03.2019.

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 petitioner has obtained a decree in O.S.No.164 of 2012, which he laid against the third respondent as concerning a certain piece of an immovable property. Notwithstanding the decree passed in his favour, the third respondent is keen to disturb the right over the property covered by the decree.

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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 second 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 second 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 / True Copy / Sub Assistant Registrar(CS) sm To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Nagamalai puthukottai Police Station, Madurai District.

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

Crl.O.P.[MD]No.6010 of 2019 25.04.2019 ES/04.06.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/