Madras High CourtCRL OP(MD)/15464/2020disposed of

Chellapandi v. The Superintendent Of Police

2020-12-22Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Chellapandi ... Petitioner Vs 1.The Superintendent of Police Madurai District Madurai 2.The Inspector of Police Uthappanayakkanur Police Station Usilampatti Taluk Madurai District 3.Chinnathevar 4.Ochukaalai 5.Eswaran 6.Gowtham 7.Manithevar 8.Poongammal 9.Ochukkalai 10.Anbu 11.Arul Prakasam 12.Ochammal ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent to provide adequate police protection to the petitioner's life and limb as claimed in representation dated 10.12.2020 on the file of the 1st and 2nd respondent police.

For Petitioner : Mr.K.K.Samy For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to provide adequate police protection to the petitioner's life and limb as claimed in representation dated 10.12.2020 on the file of the 1st and 2nd respondent police.

2. The learned counsel for the petitioner would state that the petitioner's family have cultivated the banana and standing banana crops are five months old and the field is full of weeds and 1/3

intercropping. In the circumstances, the respondents 3 to 13 entered the above said field and damaged the crops by allowing their animals to graze. Due to that, there was a wordy quarrel, at that time, the said private respondents threatened the petitioner with dire consequences. Therefore, the petitioner made a complaint before the second respondent police on 09.10.2020 by narrating all the facts, but, till date, no action has been taken. Thereafter, the petitioner made an another complaint by way of reminder, dated 10.12.2020 to the second respondent police. The grievance of the petitioner is that till date, the second respondent has not taken any action. Hence, the present petition.

3.The learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that based on the representation of the petitioner, dated 10.12.2020, enquiry has been initiated in C.S.R.No.351 of 2020, dated 18.12.2020 and it is pending. However, he further submitted that the complaint of the petitioner, dated 10.12.2020 will be considered by the respondents/police within a period of four weeks. 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

5.Considering the submission made on either side, the respondents 1 and 2 are directed to consider the representation of the petitioner, dated 10.12.2020, on merits and in accordance with law, after giving notice to the respondents, within a period of four weeks from the date of receipt of a copy of this order. 6.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CO) // True Copy // / /2021 Sub Assistant Registrar(CS) msa 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.

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To:- 1.The Superintendent of Police Madurai District Madurai 2.The Inspector of Police Uthappanayakkanur Police Station Usilampatti Taluk Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

22.12.2020 SSS(CO) TR(08.01.2021) 3P 4C 3/3