Madras High CourtCRL OP(MD)/8827/2016disposed of

K.Rathinaram v. The Superintendent Of Police

2016-07-25Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.8827 of 2016 K.Rathinaram ... Petitioner -vs1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3. The Inspector of Police, Poovanthi Police Station, Poovanthi, Sivagangai District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent police to give adequate protection to the petitioner based upon his representation dated 27.01.2016.

For Petitioner : Mr.C.Jeyaprakash For Respondents : Mr.D.Muruganandam Addl. Govt. Pleader

ORDER

This petition has been filed to direct the respondent police to give adequate protection to the petitioner based upon his representation dated 27.01.2016.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. Learned counsel for the petitioner would submit that the petitioner is running a granite factory; that some local persons trespassed into the said factory and demanded contributory amount; that the petitioner obtained a permanent injunction in O.S.No.90 of 2014 on the file of the Principal District Munsif Court, Manamadurai, restraining them from interfering with the peaceful possession and enjoyment of the premises; that again on https://hcservices.ecourts.gov.in/hcservices/

24.11.2015, one person called Pitchai along with 15 persons trespassed into the factory and attacked the petition and his workmen, which resulted in registration of a case in Crime No.220 of 2015 under Sections 294(b), 323 and 506(ii) IPC on the file of the 3rd respondent and that because of the act of those persons, the petitioner could not be able to do his day to day business activities, which necessitated the petitioner to approach this Court seeking for the above relief.

4. Learned Additional Government Pleader would submit that the petitioner has not submitted any representation with the 3rd respondent police, who are the competent jurisdictional police to look into the matter and in the event of the petitioner forwarding a copy of the representation dated 27.01.2016, the 3rd respondent police is ready to look into the same and pass suitable orders on it.

5. Under such circumstances, the petitioner is directed to hand over a copy of the representation dated 27.01.2016 to the 3rd respondent police within one week from the date of receipt of a copy of this order and on receipt of the same, the 3rd respondent police is directed to consider the said representation and pass appropriate orders thereon on merits and in accordance with law within a period of one week thereafter.

With this direction, this petition is disposed of accordingly.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3. The Inspector of Police, Poovanthi Police Station, Poovanthi, Sivagangai District.

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

+1cc to Mr.C.JEYAPRAKASH,Advocate Sr.No.39783 AR AA/SKS-RR/04.08.2016/2p-6c Crl.O.P.(MD) No.8827 of 2016 25.07.2016 https://hcservices.ecourts.gov.in/hcservices/