Madras High CourtCRL OP(MD)/12201/2020disposed of

S.Maria Susai v. The Superintendent Of Police

2020-12-03Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No. 12201 of 2020 S. Maria Susai

...Petitioner

Vs 1.State rep. by The Superintendent of Police, Pudukottai District, Pudukottai.

2. The Inspector of Police, Mandaiyur Police Station, Pudukottai District.

3. Mookan

4. Selvam

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to instruct the 2nd respondent to give police protection to the petitioner's life and limp through the representation, dated 13.10.2020 pending before the 1st and 2nd respondents and any other direction.

For Petitioner : Mr.M. Govindarajan For Respondents 1 to 3 : Mrs.S.E. Veronica Vincent Government Advocate (crl. side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the 1st respondent to instruct the 2nd respondent to give police protection to the petitioner's life and limp through the representation, dated 13.10.2020 pending before the respondent Nos.1 & 2 and any other direction.

2.The learned counsel appearing for the petitioner would state that the fourth respondent is neighbour of the petitioner and the third respondent is the relative of the fourth respondent. He would further state that due to land dispute between the petitioner and the respondent Nos.3 & 4, the petitioner already preferred a complaint before the respondent police and the same was registered in Crime No.119 of 2020 for the offences under Sections 294(b) and 323 of IPC and the same is pending. He would further state that the 1/3

petitioner is owner of the land and the respondent Nos.3 & 4 said to have trespassed into the land of the petitioner and dug the land to occupy. Hence, the petitioner made a complaint before the third respondent police and complaint in C.S.R.No.85 of 2020 dated 29.10.2020 is pending. Taking advantage of the same, the respondents 3 & 4 giving life threat to the petitioner. Hence, the present petition.

3.The learned Government Advocate (crl. Side) appearing for the respondents 1 & 2, on instructions, submitted that earlier this petitioner has given a complaint and FIR has been registered against the respondents 3 & 4 in Crime No.119 of 2020.

4. The learned counsel appearing for the petitioner would state that again the respondents 3 & 4 given trouble to the petitioner and dig the land.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl. Side) appearing for the respondents 1 & 2.

6. Considering the facts of the case, without going into the merits of the case, the respondents 1 and 2 are directed to consider and take action on the petitioner's Complaint, dated 13.10.2020, in the manner known to law, within a period of Four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ksa 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.

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

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2. The Inspector of Police, Mandaiyur Police Station, Pudukottai District.

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

Crl.O.P(MD)No.12201 of 2020 03.12.2020 KM(CO) TR(12.02.2021) 3P 4C 3/3