Madras High CourtCRL OP(MD)/13868/2023disposed of

N.Syed Abuthahir v. The Superintendent Of Police

2024-09-23Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.Syed Abuthahir ... Petitioner vs.

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

2.The Sub Inspector of Police, Thirupullani Police Station, Thirupullani, Ramanathapura District.

3.Muniyasamy 4.Mani ... Respondents Prayer:- Petition filed under Section 482 of Cr.P.C., to direct the first and second respondents to provide the adequate police protection to life and limb of the petitioner by dated 01.06.2023. For Petitioner : Mr.S.A.S.Alaudeen For R1 & R2 : Mrs.M.Aasha Government Advocate (Crl. side) 1/4

ORDER

The Petition is filed to provide adequate police protection to the life and limb of the petitioner.

2.When the matter came up for hearing, the learned Government Advocate (Crl. side) would submit that this is a case relating to land dispute. With reference to the one incident, which was reported to the police, a case in crime No.227 of 2023 was also registered and after investigation, the final report itself was filed on 05.01.2024 before the learned Judicial Magistrate No.I, Ramanathapuram, for the alleged offences under Sections 447 and 434 of IPC. In that view of the matter, the respondent police can only investigate and file final report with reference to specific criminal offences. If persistently the private respondents are interfering with the possession and enjoyment, it is for the petitioner to approach the civil Court and thereafter can approach the police for granting protection in accordance with the order/decree of this civil Court. Be that as it may, with reference to the specific incidence of trespass, the learned Government Advocate (Crl. side) would submit that the respondent 2/4

police will follow up the matter so that the final report which is already filed be taken on file.

3.The learned Judicial Magistrate No.I, Ramanathapuram is also requested to look into the matter when the final report was filed as early as on 15.01.2024, till the month of September, it cannot remain without being taken on file. Therefore, with direction to the learned Judicial Magistrate No.I, Ramanathapuram to scrutinize the final report and take the same on file if it is in order or if there are any shortcomings, the Court shall duly return the same for compliance, upon which, the respondent police shall comply with the shortcomings, the Criminal Original Petition stands disposed of.

23.09.2024 NCC : No sji To 1.The Judicial Magistrate No.I, Ramanathapuram 2.1.The Superintendent of Police, Ramanathapuram District, 3/4

Ramanathapuram.

D.BHARATHA CHAKRAVARTHY, J.

sji 3.The Sub Inspector of Police, Thirupullani Police Station, Thirupullani, Ramanathapura District.

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

23.09.2024 4/4