K.Subramanian v. The District Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.6178 of 2022 K.Subramanian ... Petitioner Vs.

1. The District Superintendent of Police, Thanjavur.

2. The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3. The Sub Inspector of Police, Orathanadu, Thanjavur District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondents particularly Sub Inspector of Police, Orathanadu Police Station, to register an FIR on the complaint given by the petitioner on 10.02.2022 to the third respondent pending in C.S.R No.163 of 2022.

For Petitioner : Mr.N.G.R.Prasad for Mr.K.Balakrishnan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents particularly Sub Inspector of Police, Orathanadu Police Station, to register an FIR on the complaint given by the petitioner on 10.02.2022 to the third respondent pending in C.S.R No.163 of 2022.

2. The learned counsel for the petitioner submitted that the petitioner is the owner of the plot in Ponnapur West Village bearing Patta No.340, where the petitioner's father had put up a house. On 1/3

10.02.2022, at about 03.00 p.m. The petitioner's brother's son, one, Arivukakannan and his mother had broke out the petitioner's house and stolen the household articles. They also demolished a portion of his house and started renovation of the said house. They have also threatened the petitioner with dire consequences and abused the petitioner in filthy language and threatened the petitioner. Further, he also prevented the petitioner from doing cultivation in his land comprised in Survey Nos. 155/2A3, 155/2AB, 158/10, 17/15, 93/3, 9B/A3, 86/12 and 17/5A 1 Acre 73 cents in Ponnapur West Village, Thanjavur District. In earlier occasion also, they prevented the petitioner from cultivating the said land.

Therefore, the request has been made by the petitioner to the Deputy Superintendent of Police, Orathanadu, Thanjavur to provide adequate police protection. In turn, the Deputy Superintendent of Police, Orathanadu, directed the third respondent to provide adequate police protection to harvest. Though the learned counsel made specific allegations as against his brother's son, the petitioner failed to implement him as a party to the petitioner. For the same occurrence, the petitioner lodged a complaint and the same is pending on the file of the third respondent for enquiry.

3. Considering the above, the second respondent is directed to conduct enquiry on the complaint lodged by the petitioner after issuance of notice to the petitioner and the counter party, namely, his brother's son and conduct enquiry and dispose of the same on merits and in accordance with law within a period of two weeks from the date of receipt of copy of this order. This Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

1. The District Superintendent of Police, Thanjavur.

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2. The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3. The Sub Inspector of Police, Orathanadu, Thanjavur District.

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

Crl.O.P(MD)No.6178 of 2022 04.04.2022 MGJ(23.05.2022) 3P 5C 3/3