S. Ajeesh Khan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL S. Ajeesh Khan ... Petitioner Vs

1. The Superintendent of Police, O/o.The Superintendent of Police, Theni District.

2. The Deputy Superintendent Of Police, O/o.The Deputy Superintendent of Police, Bodinayakkanur, Cumbum Taluk, Theni District.

3. The Inspector of Police, Bodinayakkanur Rural Police Station, Bodinayakkanur, Cumbum Taluk, Theni District.

4. Tamilkaruppusamy

5. M.Ponnuthai

6. Thayammal 1/6

7. Balakrishnan

8. Jothi ... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to direct the first respondent to direct the third respondent to give adequate police protection to the life and limb of the petitioner and his family members and for the enjoyment of his properties, by considering the petitioner's complaint dated 08.03.2025, within the period stipulated by this Court.

For Petitioner : Mr.S.Atham Ali For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the third respondent to give adequate police protection to the life and limb of the petitioner and his family members and for the enjoyment of 2/6

his properties, by considering the petitioner's complaint dated 08.03.2025.

2.According to the petitioner, he is the owner of the property in S.No.617/1 to an extent of 77 cents in Karaiyampatti Village, Theni District. While so, the private respondents without any rights over the said property causing disturbance to the petitioner and the petitioner also already fenced the property by obtaining order from this Court through the appropriate authorities and thereafter, the private respondents forcibly trespassed into the property and damaged the fence and thereby, he lodged a complaint. Based on the same, an FIR in Crime No.313 of 2024 was registered and the same is pending. While so, again when the petitioner went to clean his property, the private respondents caused life threat to the petitioner and thereby, the petitioner sent the representation dated 08.03.2025, but the same has not been considered. Hence this petition.

3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that based on the petitioner's complaint, an FIR in Crime No.313 of 2024 was registered and the same is pending. 3/6

While so, again he sent the representation dated 08.03.2025. The petitioner's representation is under consideration and the same will be considered and the enquiry will be completed within a period of fifteen days.

4.Since the prayer of the petitioner is to give adequate police protection and to that effect the petitioner also sent a representation, dated 08.03.2025 and the same is under consideration by the third respondent, it is for the third respondent to conduct enquiry and pass appropriate orders.

5.Considering the limited scope of the prayer sought for in this petition, this Court, without even issuing notice to the private respondent, is inclined to dispose of this petition. Therefore, the third respondent is directed to complete the enquiry upon the petitioner's representation and dispose of the same within a period of fifteen days, from the date of this order, after affording opportunity to both the parties, in accordance with law.

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6.With the above direction, this Criminal Original Petition is disposed of.

20.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The State of Tamilnadu, Rep By, The Superintendent of Police, O/o.The Superintendent of Police, Theni District.

2. The Deputy Superintendent Of Police, O/o.The Deputy Superintendent of Police, Bodinayakkanur, Cumbum Taluk, Theni District.

3. The Inspector of Police, Bodinayakkanur Rural Police Station, Bodinayakkanur, Cumbum Taluk, Theni District.

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

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P. DHANABAL, J.

LR 20.03.2025 6/6