Gurusamy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2020
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.14423 of 2020 Gurusamy ... Petitioner vs.
1)The Superintendent of Police, O/o. Superintendent of Police, 2)The Inspector of Police, Alankulam Police Station, Alankulam, 3)Periyagurusamy 4)Chithiravalli 5)Rajalakshmi 6)Karthika ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 and 2 to provide adequate police protection to the petitioner and his brother family members life, limb and his household things based on the online complaint dated 03.12.2020.
For Petitioner : Mr.P.Ponraj For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner and his family members based on the online complaint of the petitioner dated 03.12.2020.
2.The learned counsel for the petitioner would state that adjacent to the house of the petitioner, respondents 3 to 6 are residing and they had left waste water and debris from their house to the petitioner's land and in this regard, there was a dispute between the petitioner and respondents 3 to 6. Whileso, on 30.l1.2020, the respondents 3 to 6 illegally trespassed into the 1/3
petitioner's house and brutally attacked the petitioner and his father and sister with wooden stick and scolded them in filthy language with dire consequences. Based on the complaint of the petitioner, FIR in Crime No.391/2020 under Sections 147, 148, 294 (b), 323, 324, 506(ii) IPC r/w Section 4 of TNPHW Act has been registered against the respondents 3 to 6 on the file of the 2nd respondent/police and the police arrested and remanded one Aravinth to judicial custody on 01.12.2020 and the remaining accused/respondents 3 to 6 are threatening the petitioner and his family members to withdraw the complaint. He would further state that the petitioner, his father and his sister are admitted in Sivakasi Government Hospital and since the respondents 3 to 6 threatened them through phone and goondas, the petitioner sent online complaint on 03.12.
2020 to the respondents 1 and 2 seeking police protection, but no action was taken. Hence, this petition. 3.The learned Additional Public Prosecutor would state that the respondents 1 and 2 will consider and pass orders on the petitioner's representation in CSR.No.192/2020 dated 09.12.2020, seeking police protection within a time frame. 4.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents 1 and 2. Since no adverse order is going to be passed against the respondents 3 to 6, notice to them is not necessary.
5.Recording the above submission made by the learned Additional Public Prosecutor, without adverting to the merits of the case, the respondents 1 and 2 are directed to consider and pass orders on the petitioner's representation in CSR.No.192/2020 dated 09.12.2020 after giving opportunity to the respondents 3 to 6 in accordance with law within a period of three weeks from the date of receipt of a copy of this order.
The Criminal Original Petition is disposed of with the above directions.
Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1)The Superintendent of Police, O/o. Superintendent of Police, 2/3
2)The Inspector of Police, Alankulam Police Station, Alankulam, 3)The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER MADE IN Crl.O.P(MD)No.14423 of 2020 DATED : 17.12.2020 VB (28.12.2020) 3P 4C 3/3