Madras High CourtCRL OP(MD)/12952/2020disposed of

A.Thomas v. The Superintendent Of Police

2020-11-18Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU A.Thomas ... Petitioner Vs 1.The Superintendent of Police 2.The Deputy Superintendent of Police, 3.Inspector of Police, Taluk Police Station, 4.Kalpana Devi 5.Marivel 6.Vellaiammal ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 to 3 to provide police protection to cultivate petitioner lands located at Kuttathupatti Village, Dindigul District in Survey Nos.186/1B, 186/2B, 187/1B, 187/3 measuing in total 3 acres 41 cents and the land in Survey Nos.186/5,186/4 measuring in total 1 acre 28.5 cents and take appropriate action against the respondents 3 to 6 based on the petitioner's complaint dated 08.10.2020, within a time frame fixed by this Court.

For Petitioner : Mr.T.S.Mohammed Mohideen for Mr.J.Imran Khan For R1 to R3 : Mr.V.Neelakandan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to provide police protection to cultivate petitioner lands located at Kuttathupatti Village, Dindigul District in Survey Nos.186/1B, 186/2B, 187/1B, 187/3 measuing in total 3 acres 41 cents and the land in Survey Nos.186/5,186/4 measuring in total 1 acre 28.5 cents and take appropriate action against the respondents 3 to 6 based on the petitioner's complaint dated 08.10.2020, within a time frame fixed by this Court. 2.According to the petitioner, 4th and 5th respondents on 08.10.2020 used filthy language and threatened the petitioner. The sixth respondent taking advantage of her caste threatened that she would lodge complaint against the the petitioner under SC/ST Act. On 1/3

the complaint preferred against the petitioner, a case in Cr.No.1086 of 2020 under Sections 147, 148, 341, 427, 379 (NP) of IPC has been registered by the 3rd respondent and the petitioner obtained anticibatory bail before the Principal Sessions Judge, Dindigul. According to the petitioner, the respondent police are continiously harassing him and therefore, he is not able to cultivate his land and had filed the present complaint for police protection. 3.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, on instructions, would submit that the complaint of the petitioner, dated 08.10.2020, has been received by the respondent police and based on which, CSR No.479 of 2020 has been assigned on 15.11.2020 and the enquiry is pending. 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1to 3.

5.Considering the submission made on either side, the respondents 1 to 3 are directed to consider the representation of the petitioner, dated 08.10.2020 and give police protection to the petitioner, if necessary. If it is found that police protection is not necessary, the same shall be communicated to the petitioner so that he can work out his rights in the manner known to law. 6.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 Superintendent of Police 2.The Deputy Superintendent of Police, 2/3

3.Inspector of Police, Taluk Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.IMRAN KHAN, Advocate ( SR-22101[F] dated 19/11/2020 ) 18.11.2020 SGS(CO) KB(30.11.2020) 3P 6C 3/3