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Madras High CourtCRL OP(MD)/15526/2020disposed of

M.A.Iqbal v. The Superintendent Of Police

2020-12-23Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.15526 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.15526 of 2020 M.A.Iqbal ... Petitioner Vs 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

3.Vellaichamy ... Respondents PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents 1 and 2 to give adequate police protection for the life and limb of the petitioner and also to safeguard the petitioner's property.

For Petitioner : Mr.J.M.Hassanul Bazari For R1 and R2 : Mr.V.Neelakandan, Additional Public Prosecutor(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 and 2 to give adequate police protection for the life and limb of the petitioner and also to safeguard the petitioner's property.

2. The learned counsel for the petitioner would submit that the petitioner is the tenant under the third respondent for some years. Thereafter, the petitioner purchased the land in Survey No.99/2E6 to an extent of one acres and 4 cents and Survey No.99/2D to an extent of 52 cents situated in Keelanagachi Village, Nagachi Group Ramanathapuram from the third respondent. While so, the son of the third respondent along with some unknown persons trespassed into the property and threatened the petitioner to vacate the property and also to cancel the sale deed. Hence, the petitioner lodged a complaint to the first and second respondents through post on 10.11.2020. So far, no action has been taken by them. Hence, this petition.

3.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2, on instructions, would submit that the complaint of the petitioner has been received and CSR has been https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.15526 of 2020 assigned on 16.11.2020 and enquiry on the same is pending. 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

5.Recording the above submission made by 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 10.11.2020 after giving opportunity to the necessary parties 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. The said exercise shall be completed 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 (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ta 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, Ramanathapuram District,Ramanathapuram.

2.The Inspector of Police, Uchipuli Police Station,Ramanathapuram District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

Crl.O.P(MD)No.15526 of 2020 23.12.2020 (MK)CO AP(07/01/2021) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2