Mahendran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 06.07.2023

CORAM:

The Hon`ble Dr.Justice D.NAGARJUN Crl.O.P.(MD)No.8282 of 2023 Mahendran ... Petitioner Vs 1.The Superintendent of police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

3. Krishnamoorthy ... Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to issue a direction to direct the Respondents 1 & 2 to provide adequate Police Protection to the life and limb of the Petitioner and his family members as against from the 3rd respondent by considering the Petitioner's representation dated 26.04.2023.

For Petitioner : M/S. K.Malaimaran For R1 & R2 : SS.Madhavan, Government Advocate (Criminal).

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ORDER

This Criminal Original Petition is filed seeking police protection to the petitioner.

2. The learned counsel for the petitioner submits that the petitioner is a physically challenged person and owning a land to the extent of 41 1/2 cents comprised in survey No.179/3A2 at Neiveli Thenpathi Village, Orathanadu Taluk, Thanjavur District. The third respondent is the brother of the petitioner and trying to grab the property by creating lot of hurdles. It is also submitted by the learned counsel for the petitioner that the pump set and other ancillary equipment pertaining to the petitioner, was committed theft by the third respondent and a complaint has been given to the police, however no action is taken against the petitioner.

3. It is submitted by the learned Government Advocate (Crl.side) that basing on the earlier complaint for committing of theft, the police have issued FIR and after investigation, a final report is being filed. 2/4

4. So far as the present application for direction to give police protection, basing on the representation dated 26.04.2023 is concerned, learned Government Advocate submits that there is no specific incident or overt act to take action against the third respondent. Whenever any incident occurs, or if third respondent threats the petitioner, he is at liberty to file fresh application, before the police on which the second respondent police are directed to consider the same and dispose of, by giving appropriate protection.

5. Accordingly, this Criminal Original Petition is dismissed. 06.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 3/4

DR. D.NAGARJUN, J.

pnn To 1.The Superintendent of police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

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

ORDER

IN Crl.O.P.(MD)No.8282 of 2023 Date: 06.07.2023 4/4