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Madras High CourtCRL OP(MD)/9309/2021dismissed as infructuous

Kala v. The Commissioner Of Police

2021-10-26Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Kala

...Petitioner

Vs 1.The Commissioner of Police, O/o the Commissioner of Police, Madurai City.

2.The Inspector of Police, Koodalpudur Police Station, 3.Vasantha 4.Eswari.

5.The Inspector of Police, Nesamony Nagar Police Station, Nagercoil, Kanyakumari District.

...Respondents

(R5 impleaded as fifth respondent as per order of this Court dated 11.08.2021 in Crl.M.P.(MD) No.5570 of 2021 in Crl.O.P(MD) No.9309 of 2021) Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the respondents 1 & 2 to provide adequate police protection to the petitioner's life and limb by considering the petitioner's representation dated 16.06.2021. For Petitioner : No appearance For R1, R2 & R5 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to the official respondents to provide adequate police protection to the petitioner's life and limb by considering the petitioner's representation dated 16.06.2021.

2.On 16.09.2021, when the matter was taken up for hearing, there was no representation for the petitioner and hence the matter was ordered to be listed today. Even today (26.10.2021) there is no representation for the petitioner.

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3.The learned Additional Public Prosecutor would submit that based upon the complaint given by the petitioner herein, enquiry was undertaken and during the course of enquiry, the petitioner did not appear, inspite of repeated summons. The third respondent appeared and gave statement that he will not made any trouble to the petitioner in future. It is also seen that because of money transaction, dispute arose between the petitioner and the fourth respondent herein and on the basis of the statement given by the third respondent, it was closed and the same was also intimated to the petitioner on 09.08.2021.

4.Since there is an undertaking given by the third respondent and the same was also communicated to the petitioner, even he did not appear for enquiry. There is no representation for the petitioner before this Court for the last two hearings, nothing survives for further consideration or direction in this petition. Accordingly, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) Vrn 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 Commissioner of Police, O/o the Commissioner of Police, Madurai City.

2.The Inspector of Police, Koodalpudur Police Station, 3.The Inspector of Police, Nesamony Nagar Police Station, Nagercoil, Kanyakumari District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 26.10.2021 MGJ/PM(10.11.2021) 3P 5C 3/3