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Madras High CourtCRL OP(MD)/17168/2024dismissed

K.Amasavalli v. The State Of Tamil Nadu

2024-10-14Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.K.Amasavalli 2.T.Kanagaraj ... Petitioners Vs.

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

2.The State rep. by The Inspector of Police, Allinagaram Police Station, Theni, Theni District.

3.G.P.Saravanan 4.Kalaivanai 5.Karthika 6.Kannamma 7.Muthu 8.Muthuselvi 9.Shanthi 10.Saranya 11.Chinemamuthu 12.Chitra 13.Noor ... Respondents 1/4

PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to provide adequate police protection to the life and limb of the petitioners on the basis of the petitioners' representation dated 24.09.2024.

For Petitioners : Mr.M.A.M.Raja For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the first respondent to provide adequate police protection to the life and limb of the petitioners on the basis of the petitioners' representation dated 24.09.2024.

2. It is evident from the records that the petitioners have earlier filed a similar petition seeking police protection in Crl.O.P.(MD)No. 4170 of 2024 and when the same was taken up for hearing on 08.04.2024, there was no representation for the petitioners and a learned Judge of this Court, considering the submission made by the learned Additional Public Prosecutor that on the basis of the complaint given by the first petitioner, enquiry was conducted and the same was closed, has 2/4

closed the petition.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the petitioners have given another complaint on 24.09.2024 directing the first respondent to take action.

4. Since the earlier petition was closed on the basis that after enquiry, the complaint was closed, this Court is not inclined to entertain this second petition. Accordingly, this Criminal Original Petition stands dismissed. The petitioners are at liberty to approach the competent civil Court.

14.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, O/o.The Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Allinagaram Police Station, Theni, Theni District.

3/4

K.MURALI SHANKAR,J.

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

Order made in Dated: 14.10.2024 4/4