Madras High CourtCRL OP(MD)/9692/2021disposed of

Kaliyammal v. The Superintendent Of Police

2021-08-09Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9692 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 09.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9692 of 2021 Kaliyammal ... Petitioner Vs.

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

2.The Inspector of Police, Vangal Police Station, Karur District.

3.Mathivani ... Respondents Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent to give a police protection for the petitioner's life and limb as well as to fix a boundaries stone and fencing in Survey No.22/4 bearing Patta No.4349 situated at Manmangalam Village, Manmangalam Taluk, Karur District on the basis of the petitioner's representation dated 09.07.2021 in accordance with law.

For Petitioner : Mr.P.Praveen Kumar For R1 & R2 : Mr.R.M.Anbu Nithi, Additional Public Prosecutor.

ORDER

This Criminal Original Petition is filed to direct the second respondent to give a police protection for the petitioner's life and limb as well as to fix a boundaries stone and fencing in Survey No.22/4 bearing Patta No.4349 situated at Manmangalam Village, Manmangalam Taluk, Karur District, on the basis of the petitioner's representation, dated 09.07.2021.

2. When the matter taken up for hearing on 20.07.2021, the learned Additional Public Prosecutor has submitted that even though, the petitioner sent representation, he has not appeared for enquiry. So, a direction was issued to the petitioner to appear before the Investigating Officer and co-operate with him for completing the enquiry.

3. When the matter taken up for hearing today, the learned Additional Public Prosecutor would submit that enquiry was undertaken in CSR.No.225 of 2021 and during the course of enquiry, it was found that a civil suit, in respect of dispute between the parties is also pending in A.S.No.19 of 2014 and that was decreed in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9692 of 2021 favour of the petitioner. One Subramani, who is the son of the petitioner, appeared before the Enquiry Officer and gave a statement to the effect that the third respondent has given an undertaking that even though, she filed Second Appeal before this Court, she will not make any disturbances to the petitioner in future. On that basis no further enquiry is also required. Similarly the petitioner has also given a statement to the effect that further action may not be necessary. On that basis, it came to be closed, on 08.08.2021. Since the petitioner and the third respondent agreed to abide the undertaking, nothing survives for further consideration or direction in this petition.

4. The learned counsel for the petitioner would submit that if any trouble arises in future, liberty may be given to the petitioner to take action against the third respondent. That liberty is always available to the petitioner.

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

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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 Superintendent of Police, Karur, Karur District.

2.The Inspector of Police, Vangal Police Station, Karur District.

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

+1 CC to M/s.P.PRAVEEN KUMAR, Advocate ( SR-25965[F] dated 11/08/2021 ) Crl.O.P.(MD)No.9692 of 2021 09.08.2021 RD(13.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2