Madras High CourtCRL OP(MD)/6433/2019disposed of

Noorjahan v. The Commissioner Of Police

2019-09-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No. 6433 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 16.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No. 6433 of 2019 Noorjahan ... Petitioner Vs 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City.

3. N. Pandi

4. Narayanan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue necessary direction to the 2nd respondent to provide necessary police protection to the petitioner and his property of the hostel and his hotel workers for their life and limb.

For Petitioner : Mr.M.M. Manivel Pandian For Respondent : Mr.K.Suyambulinga bharathi, G.A. (Crl. Side) for R1 & R2

O R D E R

This petition has been filed to issue necessary direction to the 2nd respondent to provide necessary police protection to the petitioner and his property of the hostel and his hotel workers for their life and limb.

2.The learned counsel appearing for the petitioner would submit that the petitioner is a tenant under the respondents-3 & 4 herein and he is running a hotel business. In the meantime, the respondents-3 & 4 wanted to vacate the petitioner from the premises and as such without any reason and therefore, the third respondent has filed RCOP No.41 of 2018 the same is pending before the learned Rent Controller, Tirunelveli. The fourth respondent is trying to vacate the petitioner from the hotel premises illegally. Hence, the petitioner has lodged a complaint before the second respondent and the same was registered in Crime No.99 of 2019 for the offences under Sections 147, 452, 323, 506(i) of I.P.C. as against the fourth respondent and 20 others the same was closed as Mistake of Fact. He would further submit that the second respondent has also threatened https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No. 6433 of 2019 the petitioner to evict the premises and the second respondent is hand in glove with the respondents-3 & 4. Therefore, the petitioner has lodged a complaint before the second respondent seeking police protection, pending the said complaint, now with the help of the second respondent the respondents-3 & 4 have evicted the petitioner from the hotel premises. Now, the entire things are lying in the hotel premises and without considering the same they locked the premises and thrown away the petitioner in the hotel premises.

3. Heard both sides and perused the materials available on records.

4. Considering the facts and circumstances of the case, the petitioner is directed to file a fresh complaint before the second respondent, on receipt of the same the second respondent is directed to conduct enquiry with the petitioner and the respondents-3 & 4 and pass appropriate order, from the date of receipt of copy of the order.

5. With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS ) To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City.

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

+1 CC to Mr.M.M. MANIVEL PANDIAN, Advocate ( SR-87017[F] dated 17/09/2019 ) Order made in CRL.O.P (MD) No. 6433 of 2019 16.09.2019 ksa MK (21.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2