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Madras High CourtCRL OP(MD)/15620/2024disposed of

Ganapathy v. State Of Tamil Nadu

2024-09-18Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Ganapathy : Petitioner Vs.

1.The State of Tamil Nadu Rep.by the Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Thirumangalam Range, Madurai District.

3.The Inspector of Police, Thirumangalam Police Station, Madurai.

4.Saradha ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 to 3 to provide adequate police protection to the life and limb of the petitioner and his children, based on the petitioner's representation, dated 10.06.2024.

For Petitioner : Mr.P.M.Vishnuvarthanan 1/4

For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) for R1 to R3.

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.N.S., seeking orders, to direct the respondents 1 to 3 to provide adequate police protection to the life and limb of the petitioner and his children, based on the petitioner's representation, dated 10.06.2024.

2. The learned counsel for the petitioner would submit that the petitioner has filed the divorce petition against the fourth respondent in HMOP.No.352 of 2027 and the learned Judge, Family Court has granted divorce on 23.11.2021; that there was no appeal by the fourth respondent and as such, the divorce order has attained finality and that even thereafter, the fourth respondent has been disturbing the petitioner's peaceful possession and enjoyment of the property.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that the fourth respondent has been residing in the 2/4

property in dispute and that the petitioner has given a compliant against the fourth respondent for getting property. He would further submit that they have not received any representation from the petitioner.

4. It is evident from the records that the representation sent to all the respondents came to be delivered. However, the petitioner is directed to give a fresh representation to the third respondent and on such receipt, the third respondent is directed to issue notice to the petitioner as well as the fourth respondent and conduct enquiry and pass orders within a period of ten days from the date of receipt of copy of this order.

5. With the above direction, this Criminal Original Petition stands disposed of.

18.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

DAS To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Thirumangalam Range, Madurai District.

3.The Inspector of Police, Thirumangalam Police Station, Madurai.

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

Order made in Dated: 18.09.2024 4/4