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Madras High CourtCRL OP(MD)/7315/2020closed

S.Ambrose v. The Superintendent Of Police

2020-07-15Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.7315 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.7315 of 2020 S.Ambrose ... Petitioner Vs.

1.State Rep by The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

3.Luruthu Mari

...Respondent

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, praying to direct the respondents 1 and 2 to grant police protection to the petitioner life and limb and enjoyment of survey No.124/2B extent of 40 cents at Ulagamaniyendal Village, Kumarakurichi Post, Ilayankudi Taluk, Sivagangai District. For Petitioner : Mr.P.Muthusamy For R-1 and R-2 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to direct the respondents 1 and 2 to give police protection to the petitioner's life and limb. 2.The learned counsel appearing for the petitioner would submit that in respect to the property comprised in survey No.124/2B1, 2B2, 2B3, 2B4 old Survey No.124/2B to an extent of 40 cents, a suit has been filed by the petitioner's father on the file of the District Munsif, Manamadurai, in O.S.No.312 of 1994, seeking the relief of declaration and permanent injunction and decree was granted in favour of the father of the petitioner. Even after knowing the same, the third respondent herein interfered with the possession of the petitioner and made unnecessary harassment to the petitioner. 3.The learned Additional Public Prosecutor appearing for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7315 of 2020 respondents 1 and 2, on instructions, would submit that based on the complaint given by the petitioner, the second respondent herein initiated the enquiry in C.S.R.No.290 of 2020, dated 31.05.2020. He would further submit that during the time of enquiry, both the petitioner and the third respondent appeared before the second respondent and acknowledged that they will follow the decree without fail.

4.The submission made by the learned Additional Public Prosecutor is recorded. However, he undertakes to give necessary protection to the petitioner, if required.

5.In view of the same, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) 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, Sivagangai District, Sivagangai.

2.The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

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

Crl.O.P.[MD]No.7315 of 2020 15.07.2020 KK(14.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2