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Madras High CourtCRL OP(MD)/12378/2020disposed of

Mahendiran v. The Superintendent Of Police

2020-11-04Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12378 of 2020 Mahendiran ... Petitioner Vs.

1. The Superintendant of Police, Theni District, Theni.

2. The Inspector of Police Gudalur South Police Station, Gudalur Theni District.

3.Selvam @ Thamaraiselvan

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to take appropriate legal action against the third respondent and his henchmen and provide adequate police protection to the petitioner and his family members based on the petitioner's complaint dated 26.10.2020. For Petitioner : Mr.B.Thangamani For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 and 2 to take appropriate legal action against the third respondent and his henchmen and provide adequate police protection to the petitioner and his family members based on the petitioner's complaint dated 26.10.2020.

2. The petitioner seeks police protection stating that the third respondent along with their relatives illegally entered into his land without having any power and giving life threat to him. He has also made a complaint and the same was enquired by the second respondent in CSR No.130 of 2020 dated 26.06.2020. Once again the third respondent illegally entered into his land. Again the 1/3

petitioner gave one another complaint in CSR.No.216 of 2020 dated 29.09.2020. So far, no action has been taken by the respondent police. Hence, the present petition.

3.The learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that already two representations given by the petitioner were enquired in C.S.R.No.130 of 2020 dated 26.06.2020 and C.S.R.No.216 of 2020 dated 29.09.2020 and closed. Subsequently, the third respondent gave a representation and the same was enquired in C.S.R.No.215 of 2020 dated 29.09.2020 and the same was closed. The petitioner is in the habit of filing petition after petition. Again the petitioner sent a complaint to the respondents 1 and 2 dated 26.10.2020 has been enquired in C.S.R.No.251 of 2020 dated 02.11.2020. and the same is pending.

4.The learned counsel for the petitioner would submit that the petitioner is not aware of the action taken by the respondent police till date. Even if the police had closed the complaint, that is not communicated to the petitioner.

5. Considering the facts and circumstances of the case, the respondents 1 and 2 are directed to consider the complaint dated 26.10.2020 and if any cognizable offence is made out to register the FIR or to communicate the result of the action taken to the petitioner within a period of four weeks from the date of receipt of copy of this order.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rm 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.

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To

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

2. The Inspector of Police Gudalur South Police Station, Gudalur, Theni District.

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

Crl.O.P.[MD]No.12378 of 2020 04.11.2020 SGS(CO) CS(01.12.2020) 3P 4C 3/3