Vanakkamary v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP Vanakkamary ... Petitioner Vs.

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

2.The Inspector of Police, Karambakudi Police Station, Pudukottai District.

3.Raja

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Respondents 1 and 2 to provide adequate Police protection to the Petitioner for her life and limb by considering the Petitioner's representation dated 05.02.2024. For Petitioner : Mr.R.Maheswaran For R-1 and R-2 : Mr.M.Veeranthiran Government Advocate (Criminal Side) 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had purchased the property from the father of the third Respondent through registered sale deed in the year 2022. Subsequent to the purchase, the Petitioner had been enjoying the property by cultivating Banana trees. While so, the son of the vendor/ 3rd Respondent herein along with his hench men disturbed the possession of the Petitioner and damaged the crops resulting in lodging of complaint by the Petitioner with the second Respondent against the third Respondent, based on which FIR was registered in Crime No.14 of 2024 dated 08.01.2024. Therefore, the Petitioner seeks direction against the Respondent Police to provide her Police protection by considering the representation dated 05.02.2024.

2. The learned Government Advocate (Criminal Side) on instructions of the Respondents 1 and 2 would submit that the FIR had been registered. Subsequently, the Petitioner gave representation to the Respondent Police without signature and without enclosing relevant documents. He would further submit that the Petitioner after purchase of the property, had given out for lease to one Raj on 27.09.2023. Therefore, if fresh representation is given with all details, then the Respondent Police are ready to give protection. 2/5

3. Considering the submission made by the learned Counsel for the Petitioner, it is the subject matter to be dealt by the Civil Court regarding interference in possession, regarding attack by the son of the vendor or threat extended to the Petitioner. The Respondent Police have sufficient knowledge based on the representation given by the Petitioner and insisting of fresh representation cannot be considered by this Court. The Respondents 1 and 2 are directed to protect the Petitioner from threat held out by the third Respondent. They shall take appropriate action against the third Respondent including arrest or detention and he shall be warned appropriately.

4. With the above direction, this Criminal Original Petition is disposed of. 21.02.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Karambakudi Police Station, Pudukottai District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr 21.02.2024 5/5