P.Pandi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.05.2021
CORAM:
THE HONOURABLE Mrs. JUSTICE S.ANANTHI Crl.O.P.[MD]No.6570 of 2021 P.Pandi ... Petitioner Vs.
1. The Superintendent of Police, O/o.The Superintendent of Police, Madurai District,
2. The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.
3. Ukkirapandi ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to provide adequate police protection to the petitioner and his family members for enjoying their residential house situated in Survey No.25/1A to an extent of 1200 sq.Ft situated at Door No.4/495, Bharathiyar Nagar, Karadippatti Village, Aalampatti, Nagamalai Pudukkottai, Madurai District based on his representation dated 21.04.2021.
For Petitioner : Mr.S.P.Naveenkumar For R-1 and R-2 : Mr.A.Robinson Government Advocate(crl.side)
O R D E R
This criminal original petition has been filed seeking a direction the respondents 1 and 2 to provide adequate police protection to the petitioner and his family members for enjoying their residential house situated in Survey No.25/1A to an extent of 1200 sq.Ft situated at Door No.4/495, Bharathiyar Nagar, Karadippatti Village, Aalampatti, Nagamalai Pudukkottai, Madurai District, based on his representation dated 21.04.2021.
2.The learned counsel for the petitioner would submit that the petitioner has got an employment in abroad i.e.Brazil. Since the 1/3
petitioner went for aboard, he handed over the keys of his house to the third respondent. After returning to India, he came to know that the third respondent and his family members have forged his signature and created a forged Lease Agreement for his house and occupied the same. Due to the fraudulent act, the petitioner has filed a petition before the learned Judicial Magistrate No.VI, Madurai, in Crl.M.P.No.2450 of 2020 and he has succeeded vide an order dated 29.10.2020. Based on the above order, the petitioner has lodged a complaint against the third respondent and his wife Mrs.Amaravathy. Thereafter, a case in Crime No.2404 of 2020 has been registered. Due to which, the third respondent is giving trouble and harassment to the petitioner and his family members and illegally occupying his house without having any right.
Hence, the petitioner made a representation to the respondents dated 21.04.2021 to take appropriate action. Since no action taken by the third respondent, the petitioner approached this Court with the aforesaid relief. 3.The learned Government Advocate(Crl.Side) appearing for the respondents 1 and 2, on instructions, would submit that the representation given by the petitioner is under consideration. 4.In view of the above, the second respondent is directed to verify whether the petitioner is in possession of the house mentioned in the petition and thereafter, to give police protection, if it is necessary, after giving notice to the third respondent. 5.With the above direction, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar (AD-II)/ Vacation Officer // 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. To
1. The Superintendent of Police, O/o.The Superintendent of Police, Madurai District, 2/3
2. The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Crl.O.P.[MD]No.6570 of 2021 06.05.2021 CP TE : 02/06/2021 : 3P/4C 3/3