Husaina Baahevudeen v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.8234 of 2019 Husaina Baahevudeen : Petitioner Vs.

State through

1. The Commissioner of Police, Subramaniapuram, Trichy City, Trichy.

2. The Inspector of Police, K.K.Nagar Police Station, Trichy.

3. Palanichamy : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent to give a police protection for the petitioner's life and limb and also to continue the construction work in plot Nos.33 and 76 measuring 6108 & 2430 sq.ft situated at 1st and 2nd streets at Asath Nagar, Trichy, as per the civil court order passed by the First Additional District Munsif Court, Trichy, in O.S.No.1093 of 2012, dated 03.07.2013 based on the petitioner's representation dated 28.05.2019 in accordance with law.

For Petitioner : Mr.M.Subash Babu For Respondents 1&2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side)

O R D E R

This petition has been filed seeking police protection.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the first and second respondents.

3. The learned counsel appearing for the petitioner submitted that there is a civil dispute between the petitioner and the third respondent and the petitioner also obtained a decree in her favour. Despite the same, the third respondent interfered with her possession and also threatened her. Hence, the petitioner's son preferred a complaint before the second respondent police. Even thereafter, the third respondent trespassed into the petitioner's https://hcservices.ecourts.gov.in/hcservices/

property and interfered with her possession. Hence, the petitioner made a representation before the Commissioner of Police, Trichy City, on 28.05.2019 seeking adequate police protection, but, no action has been taken so far. Hence, the present petition has been filed.

4. The learned Government Advocate (Criminal side) appearing for the first and second respondents, on instructions, submitted that based on the complaint given by the petitioner's son, petition enquiry is pending and the second respondent is enquiring into the complaint given by him.

5. Considering the fact that enquiry is pending, the second respondent is directed to complete the enquiry and pass orders on the representation given by the petitioner dated 28.05.2019, within a period of two weeks from the date of receipt of a copy of this order.

6. The Criminal Original Petition is disposed of with the above direction.

sd/ Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS ) To

1. The Commissioner of Police, Subramaniapuram, Trichy City, Trichy.

2. The Inspector of Police, K.K.Nagar Police Station, Trichy.

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

+1 CC to Mr.M.SUBASH BABU, Advocate ( SR-69414[F] dated 18/06/2019 ) Order made in CRL.O.P.(MD).No.8234 of 2019 Dated:14.06.2019 sml MK (26.06.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/