Madras High CourtCRL OP(MD)/15551/2020disposed of

Chinnakkannu v. The Superintendent Of Police

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

Crl.O.P(MD)No.15551 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.15551 of 2020 Chinnakkannu ... Petitioner Vs 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Sub-Inspector of Police, Sannarpatti Police Station, Sannarpatti, Dindigul District.

3.Palanisamy 4.Alagu Ambalam 5.Muniyasamy 6.Mottaikkalai ... 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 life and limp of the petitioner and his property on the representation made by the petitioner to the respondents on 13.12.2020.

For Petitioner : Mr.V.Karuna 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 provide adequate police protection to the life and limp of the petitioner and his property based on the representation made by the petitioner to the respondents on 13.12.2020.

2. The learned counsel for the petitioner would submit that the land in Survey No.d 1074/8 total extent 1 acre 98 cents was allotted to the petitioner under the decree in O.S.No.617 of 2002 filed by the petitioner for partition. While so, when petitioner was doing agricultural work in the said land, the private respondents herein went there and threatened with filthy language and also attacked with a woodenlog. Thereby, the petitioner made a complaint before the second respondent. But the second respondent has not even taken the complaint. Thereafter, the petitioner complaint through a registered post on 15.12.2020 to the first respondent. So far, no action has been taken by them. Hence, this https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.15551 of 2020 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 No.500 of 2020 has been assigned on 21.12.2020 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 15.12.2020 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 on merits and in accordance with law. 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,Dindigul District, Dindigul. 2.The Sub-Inspector of Police, Sannarpatti Police Station,Sannarpatti,Dindigul District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

Crl.O.P(MD)No.15551 of 2020 (MK)CO AP(08/01/2021) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2