Madras High CourtCRL OP(MD)/13517/2020disposed of

A.Asokar v. The Superintendent Of Police

2020-11-27Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU A.Asokar ... Petitioner Vs.

1. The Superintendent of Police, O/o the Superintendent of Police,

2. The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Kodaikanal Division, Dindigual District.

3. The Inspector of Police, O/o the Inspector of Police, Kodaikanal Police Station, 4.E.Natesan 5.N.Mohan 6.Saroja ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, directing the respondent No.3 to provide adequate police protection to the petitioner and his life and limb for fencing his land property situated in Town Survey No.44, Ward C.Plot No.20 to an extend of 77.6 Cents at Kalainger Nagar, M.M. Street, Kodaikanal Town, Dindigul District by considering the petitioner's representation dated 23.07.2020.

For Petitioner : Mr.S.M.A.Jinnah For R1 to R3 : Mr.V.Neelakandan, Additional Public Prosecutor(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent No.3 to provide adequate police protection to the petitioner and his life and limb, for fencing his land property situated in Town Survey No.44, Ward C.Plot No.20 to an extend of 77.6 Cents at Kalaigner Nagar, M.M. Street, Kodaikanal Town, Dindigul District by considering the petitioner's representation dated 23.07.2020.

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2. The learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, on instructions, would submit that the petitioner earlier filed a petition in Crl.O.P.(MD)No.17145 of 2019 with the same prayer and this Court passed an order dated 22.11.2019, to consider the petitioner's representation by giving opportunity to the respondents 4 to 6, but the petitioner has not pursued the above order.

3.Perusal of record shows that the petitioner earlier filed Crl.O.P (MD)No.17145 of 2019, where this Court by order dated 22.11.2019, has directed to complete the enquiry into the complaint lodged by the petitioner after issuing notice to the respondents 4 to 6 and to pass orders on merits. The petitioner instead of pursuing the above petition, has come forward with the present petition with the same prayer, which is an abuse of process of law. 4.Considering the facts and circumstances of the case, the petitioner is directed to cooperate with the respondent and the respondents 1 to 3 are directed to dispose of the petition as ordered by this Court in Crl.O.P.(MD)No.17145 of 2019, dated 22.11.2019, within a period of four weeks from the date of receipt of the copy of this order.

5.With the above observation, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (W) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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, O/o the Superintendent of Police,

2. The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Kodaikanal Division, Dindigual District.

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3. The Inspector of Police, O/o the Inspector of Police, Kodaikanal Police Station,

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

03.12.2020 MJ(CO) CS(30.12.2020) 3P 5C 3/3