Madras High CourtCRL OP(MD)/14002/2020disposed of

Murugan v. The Commissioner Of Police

2020-12-04Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.14002 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2020 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU CRL.O.P.(MD)No.14002 of 2020 Murugan ... Petitioner vs.

1)The Commissioner of Police, Madurai City, Madurai.

2)The Inspector of Police, Jaihindpuram Police Station, Jaihindpuram, Madurai District.

3)Selvaraj 4)Shanthi 5)Chelladurai ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent to give police protection to the petitioner and his family members for their life and limb based on the petitioner's complaint dated 22.09.2020.

For Petitioner : Mr.P.Thirunavukkarasan, Advocate For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent to give police protection to the petitioner and his family members for their life and limb based on the petitioner's complaint dated 22.09.2020.

2.The learned counsel for the petitioner would reiterate the contentions set forth in the affidavit and would state that the petitioner had been threatened by the respondents 3 to 5 and therefore, he had made a complaint dated 22.09.2020 to the 2nd respondent/police through registered post, but the 2nd respondent has not considered the same till date. Hence, this petition. 3.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would state that though the petitioner has given a complaint seeking police protection, he has not co-operated for the enquiry.

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C rl.O.P.(MD)No.14002 of 2020 4.The learned counsel for the petitioner would state that the petitioner is always ready and willing to co-operate in the enquiry. 5.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for respondents 1 and 2. Since no adverse order is going to be passed against the respondents 3 to 5, notice to them is not necessary.

6.Considering the facts and circumstances of the case, and recording the submissions of the learned counsel for the petitioner as well as the learned Additional Public Prosecutor, without going into the merits of the case, the respondents 1 and 2 are directed to consider and take action on the petitioner's complaint dated 22.09.2020 after giving opportunity to the respondents 3 to 5 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, within a period of two weeks from the date of receipt of a copy of this order. It is needless to state that the petitioner shall cooperate in the enquiry. 7.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) To 1)The Commissioner of Police, Madurai City, Madurai.

2)The Inspector of Police, Jaihindpuram Police Station, Jaihindpuram, Madurai District.

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

ORDER MADE IN Crl.O.P.(MD)No.14002 of 2020 DATED : 04.12.2020 bala TK/SAR/10.02.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2