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Madras High CourtCRL OP(MD)/12740/2020disposed of

R.K.Kumar v. The Inspector General Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU 1.R.K.Kumar 2.K.Amutha ... Petitioners Vs.

1.The State rep. by The Inspector General of Police, South Zone, New Natham Road, Madurai.

2.The Superintendent of Police Madurai District, Madurai.

3.The Deputy Superintendent of Police Samayanallur, Madurai District.

4.The Inspector of Police H-8, Nagamalai Pudukottai Police Station Madurai - 19.

5.G.Pavun Lakshmi 6.M.Sakthivel 7.R.Manikandan

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 to 4 to provide necessary police protection to the life and limb of the petitioner and their family members from the hands of the respondents 5 to 7 and their associates on the basis of their representation dated 30.09.2020. For Petitioner : Mr.P.R.Boomee Rajan For Respondents 1 to 4 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 to 4 to provide necessary police protection to the life and limb of the petitioner and their family members from the hands of the respondents 5 to 7 and their associates on the basis of their representation dated 30.09.2020.

2. The learned counsel for the petitioners would submit that the petitioners are husband and wife, they are aged about 70 1/3

years. Originally the first petitioner has filed a writ petition in W.P.(MD) No.10945 of 2020 to remove the encroachment and the same is pending before this Court. After that the Revenue Authority has been removed the encroachment in the particular area in Survey No.74/1. Thereafter, the entire encroachers who are the respondents 5 to 7 and their associates are colluded to trespass into the petitioner's house along with aruval, wooden rod and knife to attack with dire consequences. Immediately, the petitioners sent a representation dated 30.09.2020 to the police authorities to give police protection. So far, no action has been taken by the respondent police. Hence, the present petition. 3.

The learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 4, on instructions, would submit that the complaint of the petitioners, dated 30.09.2020, has been received by the respondent police and the same will be considered by the fourth respondent police within a period of two weeks. 4.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents 1 to 4.

5.Considering the submission made on either side, the fourth respondent is directed to consider the representation of the petitioners, dated 30.09.2020, within a period of two weeks from the date of receipt of a copy of this order and give police protection to the petitioners, if necessary. If it is found that police protection is not necessary, the same shall be communicated to the petitioners so that they can work out their rights in the manner known to law.

6.With the above direction, this 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 Inspector General of Police, South Zone, New Natham Road, Madurai.

2.The Superintendent of Police Madurai District, Madurai.

3.The Deputy Superintendent of Police Samayanallur, Madurai District.

4.The Inspector of Police H-8, Nagamalai Pudukottai Police Station Madurai - 19.

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

+1 CC to M/s.PR.BOOMEE RAJAN, Advocate ( SR-22105[F] dated 19/11/2020 ) Crl.O.P.[MD]No.12740 of 2020 11.11.2020 PE(CO) NR (01/12/2020) 3P : 7C 3/3