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Madras High CourtCRL OP(MD)/13404/2024disposed of

C.Chinnakalai v. The Superintendent Of Police

2024-08-16Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.Chinnakalai : Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Dindigul District.

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

3.K.Poonusamy 4.K.Azhagar 5.K.Muthu ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to provide necessary police protection to the petitioner and his family members to construct a house at S.No.764/5A-2 comprised in Document No.1369 of 2016, by considering the petitioner's representation, dated 09.03.2024. 1/4

For Petitioner : Mr.S.Malaikani, for Mr.N.Senthilnathan.

For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side), for R1 & R2.

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the respondents 1 and 2 to provide necessary police protection to the petitioner and his family members to construct a house at S.No.764/5A-2 comprised in Document No.1369 of 2016, by considering the petitioner's representation, dated 09.03.2024.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint given by the petitioner, CSR.No.105 of 204 came to be registered and at the time of enquiry, since the both parties have stated that the appeal is pending before the District Court, Dindigul and both of them have stated that they will sort out their issues in the proceedings pending before the appellate Court and hence, the same was ordered to be closed. 2/4

3. The learned counsel for the petitioner would submit that they have not consented for the closure of the petition and that the private respondents have not obtained any stay from the appellate Court and that the suit is decreed in favour of the petitioner, but the second respondent has not taken note of the same.

4. Considering the submission made by the learned counsel for the petitioner, the second respondent is directed to issue notice to the petitioner as well as the private respondents and consider the petitioner's representation, dated 09.03.2024 and pass orders within a period of two weeks from the date of receipt of a copy of this order.

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

16.08.2024 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das 3/4

K.MURALI SHANKAR,J.

DAS To 1.The Superintendent of Police, O/o.The Superintendent 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.

Order made in Dated: 16.08.2024 4/4