Madras High CourtCRL OP(MD)/13066/2020disposed of

S.M.Mohamed Ibrahim v. The Inspector Of Police

2020-11-19Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.13066 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13066 of 2020 S.M.Mohamed Ibrahim ... Petitioner Vs.

1.The Inspector of Police Tenkasi Police Station Tenkasi District.

2.Mohamed Ansari

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to provide adequate police protection enable to repair work in his house property in Survey No.963/33 at D.No.32/74, Tenkasi Town, Tenkasi District and for himself based on his complaint dated 12.10.2020. For Petitioner : Mr.G.Thalaimutharasu For 1st Respondents : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the first respondent to provide adequate police protection enable to repair work in the petitioner's house property and for himself, based on his complaint, dated 12.10.2020.

2. The petitioner seeks police protection stating that the petitioner is enjoying the above said house property in a peaceful manner and now he wants to renovate the house. Without any valid reason, the second respondent prevented him from renovating the house. Thereafter, the petitioner has filed a suit in O.S.No.289 of 2019 for permanent injunction and the same was decreed in his favour. Therefore, the petitioner went for renovation work but the second respondent threatened the petitioner. Hence, the petitioner gave a complaint dated 12.10.2020 to the respondents, so as to enable the petitioner to do repair work in his house. 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 first respondent, on instructions, would submit that the complaint of the petitioner, dated 12.10.2020, has been received by the respondent police and enquiry has been conducted in C.S.R.No.1063 of 2020 dated 13.10.2020.

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Crl.O.P.(MD)No.13066 of 2020 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

5.Considering the submission made on either side, the first respondent is directed to consider the complaint of the petitioner, dated 12.10.2020, within a period of two weeks from the date of receipt of a copy of this order 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 (CS-I) // 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.

To 1.The Inspector of Police Tenkasi Police Station Tenkasi District.

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

Crl.O.P.[MD]No.13066 of 2020 19.11.2020 SJ(CO) NR (30/11/2020) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2