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Madras High CourtCRL OP(MD)/6563/2022disposed of

V.Chinnadurai v. The Superintendent Of Police

2022-06-08Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM V.Chinnadurai ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Alangudi, Pudukottai District.

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

4.R.Govindaraj 5.R.Muthusamy 6.G.Ranjith ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent Nos.1 to 3 to provide police protection to the petitioner and his family members from respondent Nos.4, 5 and 6 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For R-1 to R-3 : Mr.R.Suresh Kumar Government Advocate (Crl. Side) For R-4 & R-6 : No appearance

ORDER

The present Writ Petition has been filed to direct the respondent Nos.1 to 3 to provide police protection to the petitioner and his family members from respondent Nos.4, 5 and 6.

2. The learned Counsel for the petitioner would submit that the petitioner is differently abled person on having 60% permanent disability. He is owning a land in Survey No.790 in Sub Division 2, 1/3

3, 6 and 9 in Mullankurichi North Village, Karambakudi Taluk, Pudukottai District. It is an ancestral property. The respondents 4 and 5 encroached the said land in Survey No.790 for about ten years and also constructed a house in the above said survey number illegaly. Surveyor also conducted survey and gave a survey certificate about the encroachment. The respondent Nos.4, 5 and 6 had agitated against the petitioner and giving trouble to the petitioner on 03.01.2022 at about 09.00 A.M. The respondent Nos.4, 5 and their henchmen 12 members by wearing mask had reached the house of the petitioner and damaged the house of the petitioner and also intimidated the petitioner and his aged wife with weapons.

The petitioner and his wife admitted to the Government District Headquarters Hospital, Pudukottai and took a treatment for three days and informed the official respondents. The respondent police registered the case against the respondent Nos.4, 5 and 6. Inspite of registering the case, they gave trouble to him. Hence, police protection was given and the representation of the petitioner, dated 04.04.2022.

3. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) would submit that the case has been registered against the respondent Nos.4 to 6 for the offence committed by them and the case is pending investigation and he assured to consider the representation of the petitioner.

4. I have considered the matter in the light of the submissions made by the parties.

5. Admittedly, the petitioner and his wife was assaulted by respondent Nos.4, 5 and 6. The case has been registered in Crime No.85 of 2022 under Section 294(b), 324 and 506(1) IPC. The case is under investigation. Under this circumstances, the petitioner gave representation for police protections, I hereby direct the third respondent Inspector of Police, Karambakudi Police Station, Pudukottai District to consider the representation of the petitioner and would take necessary action against the respondent Nos.4 to 6.

6. With these observations, the present Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

btr 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 Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Alangudi, Pudukottai District.

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

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

08.06.2022 SS(17/06/2022) 3P 5C 3/3