Madras High CourtCRL OP(MD)/12183/2020disposed of

Mahesh Rani v. The Commissioner Of Police

2020-12-03Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.12183 of 2020 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. 12183 of 2020 Mahesh Rani ...

Petitioner Vs

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Teppakulam Police Station, Madurai District.

3. I. Praveenkumar ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the 1st and 2nd respondent police to give police protection for the petitioner's life and limb and her family members and also to fence her property in old Survey No.43/3, new Survey No. 43/3F2, to an extent of 6940 sq. ft. situated at Iravathanallur Village, Madurai South Taluk, Madurai District based on the petitioner's complaint, dated 10.10.2020.

For Petitioner : Mr.J. Jeyakumaran For R-1 & R-2 : Mrs.S.E. Veronica Vincent, Government Advocate(cr. side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the 1st and 2nd respondent police to give police protection for the petitioner's life and limb and her family members and also to fence her property in old Survey No.43/3, new Survey No. 43/3F2, to an extent of 6940 sq. ft. situated at Iravathanallur Village, Madurai South Taluk, Madurai District based on the petitioner's complaint, dated 10.10.2020.

2. The learned counsel appearing for the petitioner would state that the petitioner is owner of the property and the third respondent and his family members said to have threatened the petitioner and her family members with dire consequences. He would further state that petition enquiry is pending with the second respondent police in CSR No. 597 of 2020. Hence, the petitioner is before this Court seeking police protection.

3. The learned Government Advocate (crl. Side) appearing for the respondent police would state that, if the petitioner is ready to produce relevant documents before the respondent police they are https://hcservices.ecourts.gov.in/hcservices/ 1/6

Crl.O.P.(MD)No.12183 of 2020 ready to conduct enquiry.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent.

5. Recording the above submission made by the learned Government Advocate (crl. side), 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 16.10.2020 after giving opportunity to the third respondent by following the principles laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 and if it is found that police protection is necessary, the same may be given to the petitioner. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar // 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 Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Teppakulam Police Station, Madurai District.

Crl.O.P(MD)No.12183 of 2020 03.12.2020 mk(CO) KK(11.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/6