Ragul v. The Deputy Superintendent Of Police

Crl.O.P(MD)No.15540 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.15540 of 2020 Ragul ... Petitioner Vs 1.The Deputy Superintendant of Police, Uthamapalayam,Theni District.

2.The Inspector of Police, Cumbum North Police Station,Theni District.

3.Baskaran ... 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 limb of the petitioner and his family members as well as to provide police protection to the petitioner for doing agricultural works in the agricultural land in Survey No.1468/1, to an extent of 3 1⁄2 Kuli, situating in Manikatti Alamaram Road, Uthamapuram, Cumbum, Theni District based on the petitioner's representation dated 02.11.2020 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.S.Jeyakarthik 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 limb of the petitioner and his family members as well as for doing agricultural works in the agricultural land in Survey No.1468/1, to an extent of 3 1⁄2 Kuli, situating in Manikatti Alamaram Road, Uthamapuram, Cumbum, Theni District based on the petitioner's representation dated 02.11.2020.

2. The learned counsel for the petitioner would submit that the third respondent, who is the lessee and also a adjacent land owner, along with his group with an intention to grab the land of the petitioner attacked the petitioner with deadly weapons on 03.05.2020. Therefore, the petitioner has lodged a complaint before the second respondent in CSR No.126/2020. Thereafter, no action has been taken on the said complaint. Therefore, the petitioner has made a representation 02.11.2020 seeking appropriate police protection to the life and limb of the petitioner and his family members. So far, no action has been taken by them. Hence, this petition.

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Crl.O.P(MD)No.15540 of 2020 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 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 representation dated 02.11.2020 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 (AD-II) // 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 Deputy Superintendant of Police, Uthamapalayam,Theni District.

2.The Inspector of Police, Cumbum North Police Station,Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s M.S.Jeyakarthik,Advocate,in SR.No.27304/2020. Crl.O.P(MD)No.15540 of 2020 (NA)CO AP(18/01/2021) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2