Madras High CourtCRL OP(MD)/14559/2020disposed of

Indirani v. The Superintendent Of Police

2020-12-11Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.14559 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.14559 of 2020 Indirani ... Petitioner Vs 1.The Superintendent of Police Dindigul District, Dindigul.

2.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

3.Vanarani

...Respondents

PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondent Nos.1 & 2 to provide police protection for life and limb of the petitioner, family members and her property. For Petitioner : Mr.S.Muniyandi For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent Nos.1 & 2 to provide police protection for life and limb of the petitioner, family members and her property. 2.The learned counsel appearing for the petitioner would submit that the property in Survey No.115/13, 112/17, 112/18 situated at Pallanki, Mattupatti, Vilpatti Village, Kodaikanal Taluk, Dindigul District is the petitioner's ancestral property. The 3rd respondent without having any valid document, interfere with the peaceful possession of the petitioner's property and the 3rd respondent entered into the petitioner's property, attacked the petitioner's handicapped sons. Therefore, the petitioner has given representation to the respondent police on 31.10.2020 seeking police protection. Since no action has been taken by the respondent police, the petitioner is before this Court, with this present Criminal Original Petition.

3.The learned Additional Public Prosecutor(Crl.side) appearing on behalf of the respondents 1 & 2, on instructions, would submit that the petitioner's representation has been received and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.14559 of 2020 the enquiry is pending.

4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 & 2. Since no adverse order is going to be passed, notice to the 3rd respondent is dispensed with. 5.Recording the above submission made by the learned Additional Public Prosecutor(Crl.side), without going into the merits of the case, the respondents 1 & 2 are directed to consider and pass orders on the petitioner's representation dated 31.10.2020 after giving opportunity to the other side, 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 and take appropriate action in the manner known to law, within a period of four weeks from the date of receipt of a copy of this order. 6.With the above directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CO) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 Dindigul District, Dindigul.

2.The Inspector of Police, Kodaikanal Police Station, Dindigul District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P(MD)No.14559 of 2020 11.12.2020 SSS(CO) TR(08.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2