Madras High CourtCRL OP(MD)/15546/2020disposed of

Duraisamy v. The Superintendent Of Police

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

Crl.O.P(MD)No.15546 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.15546 of 2020 Duraisamy ... Petitioner Vs

1. The Superintendent of Police, Trichy District, Trichy.

2. The Inspector of Police, Siruganur Police Station, Siruganur, Trichy District.

3. Ramasamy ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 and 2 to provide adequate police protection for the life and limb of the petitioner and also dig the well situated in S.No.507/5 situated at Sanamangalam Village, Mannachanur Taluk, Trichy District.

For Petitioner : Mr.T.Selvakumaran 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 for the life and limb of the petitioner and also dig the well situated in S.No.507/5 situated at Sanamangalam Village, Mannachanur Taluk, Trichy District.

2. The learned counsel for the petitioner would submit that the petitioner and the third respondent are the joint owner of the Well situated in S.No.507/5 at Sanamangalam village, Mannachanur Taluk, Trichy District. Since the water from the Well is not fresh, the petitiner made arrangement to clean the well. While so, third respondent made a life threat to the petitioner and his worker. Hence, the made a complaint with the first and second respondents 1 and 2 on 04.12.2020 to provide adequate police protection for the life and limb of the petitioner. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.15546 of 2020 complaint of the petitioner has been received 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 04.12.2020 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 (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS- ) 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, Trichy District, Trichy.

2. The Inspector of Police, Siruganur Police Station, Siruganur, Trichy District.

Copy To:- The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.T.SELVAKUMARAN, ADVOCATE IN SR No. 27000 TA TE : 07/01/2021 : 3P/5C Crl.O.P(MD)No.15546 of 2020 23.12.2020 https://hcservices.ecourts.gov.in/hcservices/ 2/2