Madras High CourtCRL OP(MD)/6956/2020closed

A.Augstin v. The Superintendent Of Police

2020-07-06Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2020

CORAM

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD).No.6956 of 2020 A.Augstin ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Thattarmadam Police Station, Thattarmadam, Thoothukudi.

3.Murugan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to direct the second respondent to give adequate police protection to life and limb of the petitioner and his family members on the basis of the petitioner's representation dated 02.05.2020. For Petitioner : Mr.T.Vadivelan For Respondents : Mr.S.Chandrasekar R1 & R2 Additional Public Prosecutor

O R D E R

This petition has been filed for a direction directing the second respondent to give adequate police protection to the life and limb of the petitioner and his family members, on the basis of the petitioner's representation dated 02.05.2020. 2.The learned counsel appearing for the petitioner would submit that on 20.04.2020 in respect of the dispute over the pathway, the third respondent threatened the petitioner with dire consequences and gives life threat. In this regard, police protection is very much necessary to the petitioner as well as to the family members of the petitioner.

3.On the other hand, the learned Additional Public Prosecutor appearing for the State would submit that already the petitioner has lodged a complaint on 20.04.2020 against the third respondent for https://hcservices.ecourts.gov.in/hcservices/

the very same reason as averred in the representation dated 02.05.2020. He would further submit that as the earlier application, which filed for the same relief, was disposed of by the second respondent, after making due enquiry. Therefore, he prayed that the petitioner's representation dated 02.05.2020 is unnecessary one and in order to harass the third respondent, the petitioner has approached this Court by way of this petition. 4.The submissions made by either side and the factual aspects now represented before this Court was admitted by the learned counsel appearing for the petitioner. However, the learned counsel for the petitioner would submit that after closing the petitioner's representation dated 20.04.2020, the third respondent made the same attempt. Only because of the said reasons, the petitioner again made a representation on 02.05.2020.

5.Considering the submission made by the learned counsel appearing for the petitioner, it would be appropriate to direct the second respondent to dispose the petitioner's representation dated 02.05.2020, within a specific period. Therefore, the second respondent is directed to made an enquiry on the petitioner's representation dated 02.05.2020 and dispose the same on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6.In view of the above, this Criminal Original Petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Thattarmadam Police Station, Thattarmadam, Thoothukudi.

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

Crl.O.P.(MD).No.6956 of 2020 SPU (09.07.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/