Madras High CourtCRL OP(MD)/16533/2023disposed of

Muthulakshmi v. The Superintendent Of Police

2023-09-20Honourable Dr. Justice D.Nagarjun6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.16533 of 2023 1.Muthulakshmi 2.Varatharaj ... Petitioners Vs.

1.The Superintendent of Police, O/o The Superintendent of Police, Theni, Theni District.

2.The Deputy Superintendent of Police O/o The Deputy Superintendent of Police, Periyakulam, Theni District.

3. The Inspector, Devadanapatty Police station, Devadanapatty, Theni District.

4. M.Senthilkumar

5. K.Muthaiya

6. Muruganandam 1/6

7. N.Sekar

8. P.Thangaraj

9. Saravanakumar

10. Raman

11. Chinnakannan

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 to 3 to give necessary Police Protection to the life and limb of the petitioners and their family members and to conduct enquiry against 4 to 11 respondents on the basis of the petitioners' complaint, dated 26.08.2023. For Petitioners : Mr.M.A.M.Raja For R1, R2 & R3 : Mr.SS.Madhavan, Government Advocate (Criminal Side) O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the respondents 1 to 3 to give necessary Police Protection to the life and limb of the petitioners and their family members.

2. It is submitted by learned counsel for the petitioners that the petitioners and one Raju have entered into the partnership agreement in respect of purchase of immovable properties converted them into the plots and sell them to 2/6

individuals. When the said Raju has not given the profits, the petitioners as per the terms of the partnership agreement has dissolved the partnership and filed O.S.No.21 of 2017 against the said Raju seeking for tendering the accounts. It is submitted that subsequent to the dissolution of the partnership that the said Raju though he has no authority to sell the properties of the firm has sold some plots to various individuals and at the instance of the said Raju, the various individuals have filed a complaint against the petitioners basing on which the respondent Police have so far registered six crimes against the petitioners and the FIR stated to have been quashed by this Court.

3. It is submitted that unofficial respondent Nos.4 to 11 have been threatening the petitioners with dire consequences to direct the petitioners to withdraw the suit on the ground that they purchased the properties, thereby, sought for suitable directions.

4. Learned Government Advocate (Criminal Side) submits that as per the complaint given by respondent Nos.4 to 11, the respondent Police have registered a case in Crime No.320 of 2023 on 02.09.2023 for the offences 447, 3/6

294(b) and 506 (i) I.P.C. Keeping that aspect aside since the complaint of the petitioners has been registered as a Current Paper alleging that the unofficial respondents have been threatening the petitioners and in respect of which, summons have been issued to the unofficial respondents.

5. Considering the submissions made by both sides and on perusal of records, this criminal original petition is disposed of, directing the respondent Police to complete the enquiry in respect of the representation filed by the petitioner dated 30.08.2023 as quickly as possible not later than six weeks from the date of receipt of a copy of this order. It is needless to say that since the allegations against the unofficial respondents that they have been threatening the petitioners, the respondent Police are directed to take appropriate action, in case, if there is a truth in the complaint of the petitioners. Speaking : Yes / No 20.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No tsg 4/6

To 1.The Superintendent of Police, O/o The Superintendent of Police, Theni, Theni District.

2.The Deputy Superintendent of Police O/o The Deputy Superintendent of Police, Periyakulam, Theni District.

3. The Inspector, Devadanapatty Police station, Devadanapatty, Theni District.

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

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DR.D.NAGARJUN. J.

tsg Crl.O.P.(MD) No.16533 of 2023 20.09.2023 6/6