M.Shajahan v. The Superintendent Of Police

Crl.O.P.(MD)No.6209 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6209 of 2021 M.Shajahan ... Petitioner Vs.

The State rep by 1.The Superintendent of Police, Office of the Superintendant of Police, Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul District.

3.Bhasheer 4.Khadarsha 5.Shakul hamed

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1 and 2nd respondents herein to provide adequate police protection to the petitioner property and his life and limb on the basis of the petitioner's complaint dated 15.02.2021.

For Petitioner : Mr.S.Ramkrishnan For R-1 and R-2 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This criminal original petition has been filed seeking a direction to the respondents 1 and 2 herein to provide adequate police protection to the petitioner property and his life and limb on the basis of the petitioner's complaint dated 15.02.2021. 2.The case of the petitioner is that the respondents 3 to 5 were trying to illegally occupy and grab the petitioner's land. Hence, the petitioner has filed a suit in O.S.No.472 of 2018 seeking for a permanent injunction. After hearing the parties, the learned Judge, granted an order of interim injunction by an order dated 28.09.2018. Thereafter, the respondents 3 to 5 herein were again and again trespassing into his property and trying to illegally grab the same, without any right. Hence, the petitioner has given a complaint to the second respondent on 10.02.2021. Since no action was taken by the respondent police, the petitioner filed the present petition.

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Crl.O.P.(MD)No.6209 of 2021 3.The learned Government Advocate(crl.side) would submit that based upon the complaint given by the petitioner, an enquiry was conducted and it was closed stating that there is a civil dispute pending between the parties. Therefore, question of giving police protection will not arise and the petitioner has given another representation, which is pending.

4.Considering the submission made by the learned Government Advocate (Crl. Side), once the representation is closed, the petitioner must challenge the same as per law. Instead of challenging the same, the petitioner has sent repeated representations, which is not permissible. Hence, the petitioner is at liberty to challenge the earlier closure report. 5.With the above liberty, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 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. CP To 1.The Superintendant of Police, Office of the Superintendant of Police, Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul District.

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

Crl.O.P.[MD]No.6209 of 2021 30.04.2021 GS (9.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2