Rajalingam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 02.09.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Rajalingam ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Tiruchendur Taluk Police Station, Tiruchendur, Thoothukudi District.

3.Thamilagan 4.Kaviraja 5.Jeganathan 6.Raj 7.Selvam ... Respondents Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent to give a adequate police protection to the petitioner's life and limb, on the basis of the petitioner's representation, dated 15.07.2021. For Petitioner : Mr.D.S.Haroon Rasheed For R1 & R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor.

ORDER

This Criminal Original Petition is filed seeking a direction to direct the second respondent to give a adequate police protection to the petitioner's life and limb, on the basis of the petitioner's representation, dated 15.07.2021. 2.When the matter was taken up for hearing on 23.07.2021, the learned Additional Public Prosecutor has submitted that based upon the representation given by the petitioner, enquiry was undertaken 1/3

in CSR.No.417 of 2021. But, he did not appear before the Enquiry Officer. So, on that ground, the matter was adjourned to 04.08.2021.

3. When the matter was taken up for hearing on 04.08.2021, the learned Additional Public Prosecutor has submitted that enquiry was closed on the basis of the statement given by the petitioner.

4. On going through the statement given by the petitioner, it is seen that because of pendency of the petition, he has given a statement that 'no further enquiry' is required. This Court found out the mistake in such a statement given by the petitioner, ordered to reopen the Closure Report and conduct enquiry by summoning the private respondents.

5. In pursuance of which, the enquiry was undertaken. During the course of enquiry, the private respondents appeared before the Enquiry Officer and given a statement to the effect that they will not make any trouble and disturbance to the petitioner to fence his property. On that basis, further enquiry was also closed.

6. Since the private respondents given an undertaking to the effect that they did not make any trouble or disturbance to the petitioner, nothing survives for further consideration or direction in this petition.

7. With the above observation, this Criminal Original Petition is disposed of .

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID19 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, Office of the Superintendent of Police, Thoothukudi District.

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2.The Inspector of Police, Tiruchendur Taluk Police Station, Tiruchendur, Thoothukudi District.

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

02.09.2021 NSN(CO) SB(16.09.2021) 3P 4C 3/3