Madras High CourtCRL OP(MD)/4942/2025disposed of

Dhanam v. The State Of Tamilnadu

2025-03-18Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Dhanam ... Petitioner Vs

1. The State of Tamilnadu, Rep the Superintendent of Police, Madurai District.

Madurai.

2. The Inspector of Police, Checkanurani Police Station, Madurai District.

3. The Sub Inspector of Police, Checkanurani Police Station, Madurai District.

4. Selvakumar

5. Dhanapandi

6. Chellapandi

7. Pavunpandi

8. Vellaichamy ... Respondents 1/5

PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to direct the respondents 1 to 3 herein to give necessary Police protection to the Petitioner herein for her life and limb and also give police protection based on the petitioner's representation dated 08.12.2024.

For Petitioner : Mr.S.Bairavan For R1 - R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to give necessary police protection to the petitioner based on the petitioner's representation, dated 08.12.2024. 2.According to the petitioner, she is the owner of the properties in S.No.98/12B, 110/2B, 110/4, 111/3C, 111/4A, 111/4B of Kokkulam Village for an extent of 1.73 cents. Already she filed a suit in O.S.No.326 of 2022 on the file of Sub Court, Thirumangalam. Thereafter, the said suit was withdrawn based on the compromise made between the parties. While so, the private respondents restraining the petitioner from doing cultivation. Therefore, she lodged a complaint before the respondent police against the private respondents. Though 2/5

CSR No.470/2024 has been assigned by the respondent police, thereafter, no steps has been taken. Therefore, she sent a representation, dated 08.12.2024 and the same is pending before the respondent police. Hence, this petition.

3.The learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3 would submit that already the petitioner sent a complaint against the private respondents and the same was closed after enquiry on 07.08.2024. Again for the same set of relief, the petitioner has sent a representation on 08.12.2024 and the same is under consideration. However, they will conduct enquiry and dispose the same within a period of 15 days.

4.Considering the limited scope of the prayer sought for in this petition, this Court, without even issuing notice to the private respondents, is inclined to dispose of the petition. 5.Since the prayer of the petitioner is to give necessary police protection for the disputed property and the second respondent already closed the earlier complaint filed by the petitioner, again for the 3/5

same relief, the petitioner has sent a representation and the same is pending with the second respondent, it is for the second respondent to complete the enquiry and dispose the same in accordance with law. 6.In view of the same, the second respondent is directed to dispose of the representation of the petitioner dated 08.12.2024 within a period of 15 days from the date of this order, after affording opportunities to both parties, in accordance with law. 7.With the above observations and direction, this Criminal Original Petition is disposed of.

18.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To 1.The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Checkanurani Police Station, Madurai District.

3. The Sub Inspector of Police, Checkanurani Police Station, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

PNM ORDER IN 18.03.2025 5/5