Madras High CourtCRL OP(MD)/16451/2024disposed of

N.Indira v. The State Of Tamilnadu

2024-09-30Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2024

CORAM

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

1.State of Tamil Nadu Rep by The Superintendent of Police, District Police Office, Thanajvur District, Thanajvur.

2.The Inspector of Police, Boothalur Police Station, Thanjavur District.

3.Setu @ Parthiban 4.Sivasamy 5.Anbuselvi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner based on the representation, dated 16.09.2024 made by the petitioner to the respondents 1 and 2. For Petitioner : Mr.V.Karuna 1/4

For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) for R1 & R2.

: Mr.K.Bairavan, for R3 & R5.

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner based on the representation, dated 16.09.2024 made by the petitioner to the respondents 1 and 2.

2. The learned counsel for the petitioner would submit that the petitioner has filed a suit in O.S.No.274 of 2005 and the same was dismissed and that the petitioner has preferred an appeal in A.S.No.28 of 2009; that the appeal was allowed and permanent injunction was granted in favour of the petitioner and that the defendants therein including the respondents 4 and 5 have preferred second appeal in S.A(MD)No.277 of 2010 and this Court vide judgement, dated 08.04.2022, dismissed the appeal. He would further submit that the petitioner has earlier filed a 2/4

petition in Crl.O.P(MD)No.15234 of 2023, seeking police protection and this Court vide order, dated 31.08.2023, directed the respondent police therein to consider the petitioner's representation and pass orders and sofar they have not passed any orders and that they have only issued the receipt for the representation and hence, the present petition came to be filed. 3.Considering the above, the second respondent is directed to issue notice to the petitioner as well as the private respondents and conduct enquiry and pass orders, taking note of the judgment of second appellate Court within a period of two weeks from the date of receipt of copy of this order.

4. With the above direction, the Criminal Original Petition is disposed of.

30.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das K.MURALI SHANKAR,J.

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DAS To

1. The Superintendent of Police, District Police Office, Thanajvur District, Thanajvur.

2.The Inspector of Police, Boothalur Police Station, Thanjavur District.

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

Order made in Dated: 30.09.2024 4/4