Madras High CourtCRL OP(MD)/8961/2021disposed of

Raja Gopal v. The Inspector Of Police

2021-07-08Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8961 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8961 of 2021 Raja Gopal ...

Petitioner Vs.

1.The Inspector of Police, Vellanur Police Station, Pudukottai District.

2.Ananthan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to give adequate police protection for the construction of the property in plot No.10 & 11 situated in Survey No.557-3J and Old Survey No.314-2 in Vellanur Village, Kulathur Taluk, Pudukkottai District .

For Petitioner : Mr.K.Muthu Ganesa Pandian For Respondents : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the first respondent police to give adequate police protection for the construction of the property in plot No.10 & 11 situated in Survey No.557-3J and Old Survey No.314-2 in Vellanur Village, Kulathur Taluk, Pudukkottai District .

2. The case of the petitioner is that the petitioner has purchased house property in 557-3J and old Survey No.314-2 in Vellanur Village, Kulathur Taluk, Pudukkottai District, on 20.07.2011 from one Kalyanasundaram, who has purchased the same from the father of the second respondent namely Muthu Krishnan on 11.04.1990. The second respondent has no right over the property since his father had already sold the house to the said Kalyanasundaram and without having any right the petitioner came to the house and made disturbance for construction made by the petitioner.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that based on the complaint given by the petitioner, CSR No.165 of 2021 has been assigned and the first respondent has issued summons to the petitioner to appear before him on 25.06.2021 and on that day, the petitioner did not appear before the first respondent police.

4.The learned counsel for the petitioner submits that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8961 of 2021 petitioner has appeared before the first respondent and gave a statement. The specific submission of the learned counsel for the petitioner is that the first respondent was insisting upon to produce the documents regarding the title of the property.

5. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

6. Even though the learned counsel for the petitioner submits that the petitioner has appeared before the first respondent and gave a statement, the learned Additional Public Prosecutor denied the same. It may be true that the first respondent insisted upon to produce the documents regarding the title of the property, it is for the petitioner to produce the same. Issuance of direction to the first respondent to give adequate protection at this stage cannot be considered. The petitioner is directed to appear before the first respondent in person and make available the documents which are available with him. On that basis, the first respondent shall act on merits, within 15 days.

7. With the above direction, this petition is disposed of. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 The Inspector of Police, Vellanur Police Station, Pudukottai District.

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

Crl.O.P(MD)No.8961 of 2021 08.07.2021 RK (16.07.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2