Madras High CourtCRL OP(MD)/12282/2020disposed of

Rajangam v. The Superintendent Of Police

2020-12-17Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.12282 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12282 of 2020 Rajangam ... Petitioner Vs.

1.The Superintendant of Police Theni District, Theni.

2.The Inspector of Police, Kadamalaikundu Police Station, Theni District, Theni.

3.Sathya 4.Sulochana 5.Rajavel

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 herein to provide police protection to the petitioner's life and limb, based on the representation, dated 23.09.2020.

For Petitioner : Mr.R.Selvaraj For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed directing the respondents 1 and 2 to provide adequate police protection to the petitioner's life and limb, by considering the petitioner's representation dated 23.09.2020.

2.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition. 3.The learned Additional Public Prosecutor would state that on the petitioner's complaint dated 23.09.2020, enquiry is pending. 4.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor. Since no adverse order is going to be passed, notice to respondents 3 to 5 is not necessary. 5.Recording the above submission made by the learned Additional Public Prosecutor, without going into the merits of the case, the respondents 1 and 2 are directed to consider and pass orders on the petitioner's representation dated 23.09.2020 after https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.12282 of 2020 giving notice to the other side, 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 three weeks from the date of receipt of a copy of this order. It is needless to say that the petitioner shall co-operate with the respondent police and produce the relevant documents to enable them to take action. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar () // True Copy // / /2021 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.

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

2.The Inspector of Police, Kadamalaikundu Police Station, Theni District, Theni.

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

Crl.O.P.[MD]No.12282 of 2020 17.12.2020 CK(CO) KB(11.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2