Madras High CourtCRL OP(MD)/6089/2019disposed of

Thirumal v. The Superintendent Of Police

2019-04-26Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.6089 of 2019 Thirumal : Petitioner /Vs./ 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District. 3.Kendi 4.Krishnan 5.Ponnusamy : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Respondents Nos.1 to 2 to give adequate Police Protection to petitioner and his family members for their life and limb and construction work of petitioners house with regard to Survey No.132/2 situated Ayyalur Village, Vedasandur Taluk, Dindigul District based on the petitioner's complaint dated 01.04.2019.

For Petitioner : Mr.G.Gomathi Sankar For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition is filed to direct the respondents Nos.1 to 2 to give adequate Police Protection to petitioner and his family members for their life and limb and construction work of the petitioner's house.

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 begun construction of a house in his plot, but he faces strong resistance and obstruction from the respondents 3 to 5, who are all his adjacent owners. He added that the petitioner faces threat to his life, limb, liberty and right to property from these respondents and a complaint has been preferred to the second respondent police and the same is pending.

4. The learned Additional Public Prosecutor submitted that the complaint preferred by the petitioner is now being enquired in C.S.R.No.115 of 2019.

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5. Inasmuch as the complaint preferred by the petitioner is pending enquiry, the second respondent is now directed to conduct a preliminary enquiry on the complaint preferred by the petitioner and if at all it discloses any major civil dispute, then the second respondent shall step aside. If however the enquiry discloses any threat to the petitioner's life, limb and liberty, the second respondent shall 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, Dindigul District, Dindigul.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.G.GOMATHI, Advocate Sr. No.62816 Crl.O.P.[MD]No.6089 of 2019 26.04.2019 KM(CO) TR (11.06.2019) 3P 5C https://hcservices.ecourts.gov.in/hcservices/