Madras High CourtCRL OP(MD)/9789/2020closed

S.Esakkimuthu v. The Superintendent Of Police

2020-09-15Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN S.Esakkimuthu ... Petitioner Vs.

1.The Superintendant of Police, Office of the Superintendant of Police, 2.The Deputy Superintendant of Police, Office of the Deputy Superintendant of Police, Rajapalayam Taluk, 3.The Inspector of Police, Dhalavaipuram Police Station, 4.S.Sanmugnathan 5.C.Pandian 6.T.Kasirajan 7.C.Subramanian 8.C.Krishnasamy 9.S.Muthukrishnan 10.K.Muthuselvam ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 to 3 to provide necessary police protection to the petitioner and his family members from the respondents 4 to 10.

For Petitioner : Mr.M.Ganeshkamu For R-1 to R-3 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to direct the respondents 1 to 3 to provide adequate police protection to the petitioner and his family members life and limb.

2.Today, when the petition is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 to 3, on instructions, would submit that for the petition mentioned occurrence, on receipt of the complaint given by one Viramuthu, the third respondent herein registered a case against the petitioner in 1/3

Crime No.49 of 2020 for the offence punishable under Sections 247, 148, 294(b), 323 and 506(ii) of I.P.C and the same is pending for investigation. Similarly one another case has been registered against the respondents 4 to 10 in Crime No.48 of 2020 for the offence punishable under Sections 147, 148, 294(b), 341, 324 and 506 (ii) of I.P.C., based upon the complaint given by the petitioner. In respect to the pending of the First Information Report, there is no denial on either side.

3.Now the grievance of the petitioner is that after registration of the case, the respondents 4 to 10 had threatened the petitioner for which praying police protection the petitioner sent a representation dated 14.08.2020 to the respondents 1 and 2 and further the copy of the representation was also sent to the respondent No.3.

4.In respect to the said grievance, the learned Additional Public Prosecutor appearing for the respondents 1 to 3, made an undertaking that the representation given by the petitioner will be dealt with, in accordance with law.

5.In view of the above, the third respondent is directed to consider the representation given by the petitioner dated 19.08.2020 and if it is necessary, directed to take necessary action. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) cp 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 Superintendant of Police, Office of the Superintendant of Police, 2/3

2.The Deputy Superintendant of Police, Office of the Deputy Superintendant of Police, Rajapalayam Taluk, 3.The Inspector of Police, District Crime Branch, Tirunelveli District.

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

+1 CC to Mr.M.GANESH KAMU, Advocate ( SR-17016[F] dated 16/09/2020 ) 15.09.2020 VB (05.10.2020) 3P 6C 3/3