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Madras High CourtCRL OP(MD)/3650/2025disposed of

Shabeer Ahamed v. The State Of Tamil Nadu,

2025-02-26Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Shabeer Ahamed ... Petitioner Vs.

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

2.The Inspector of Police, Gandhi Market Police Station, Trichy City.

... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to direct the second respondent to accord police protection to the petitioner's life and limb forthwith to carry out his business in the light of the petitioner's representation, dated 01.02.2025.

For Petitioner : Mr.R.L.Dhilipan Pandian For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the second respondent to accord police protection to the petitioner's life and limb forthwith to carry out his business in the light of the petitioner's representation, dated 01.02.2025.

2. According to the petitioner, the petitioner is running wholesale fruit shop in the name of S.M Fruits at Gandhi Market, Trichy. While so, CITU District Secretary, Joint Secretary and office bearers of CITU frequently disturbed the employees of the petitioner while loading and unloading the fruits in the vehicle. Thereby, the petitioner lodged a complaint for the occurrence, dated 02.08.2024 and the same was enquired by the police and they assigned CSR No.272 of 2024 and thereafter, the petitioner filed a petition before this Court in Crl.O.P(MD)No.13160 of 2024 and the same was disposed on 12.08.2024 by directing the second respondent to consider the representation of the petitioner and thereafter, again the said officials disturbing the peaceful loading and unloading of the fruits and thereby, the petitioner once again sent a 2/5

representation, dated 01.02.2025 and the same has not been considered. Hence, this petition.

3. The learned Government Advocate (Crl. Side) appearing for the official respondents would submit that already the petitioner filed a petition before this Court in Crl.O.P(MD)No.13160 of 2024 and this Court directed the second respondent to consider the representation of the petitioner on 03.08.2024 and pass appropriate orders and thereafter, they registered a case against the persons, who involved in the criminal activities in Crime No.9 of 2025 for the offences under Sections 191(2), 329(4), 296(b) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 on the file of the second respondent and the same is under investigation. In the meanwhile, the petitioner sent another representation, dated 01.02.2025 and the same is under consideration and they will conduct enquiry and dispose of the same in accordance with law on merits.

4. Since already FIR has been registered against the persons, who involved in the criminal activities and now the enquiry is pending with the second respondent, this Court directs the second respondent to conduct enquiry and dispose of the same within a period of one (1) week from the date of this 3/5

order. At the same time, if any criminal activities done by anybody by disturbing the business of the petitioner, the petitioner is at liberty to lodge a complaint and based on the complaint, the second respondent has to take immediate action in accordance with law.

5. With the above said observations and directions, this Criminal Original Petition stands disposed of.

26.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Commissioner of Police, Trichy, Trichy City.

2.The Inspector of Police, Gandhi Market Police Station, Trichy City.

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

4/5

P.DHANABAL, J.

BTR 26.02.2025 5/5