N.S.Vishnukumar v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR N.S.Vishnukumar ... Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, Madurai.

2.The Inspector of Police, Southgate Police Station, Madurai.

3.Muthu 4.Selvam ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 to provide necessary police protection to the petitioner, his brother and their family members for their life and limb on the basis of the petitioner's representation dated 07.10.2024. For Petitioner : Mr.M.Shakulhameed For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the respondents 1 and 2 to provide necessary police protection to the petitioner, his brother and their family members for their life and limb on the basis of the petitioner's representation dated 07.10.2024.

2. The learned counsel appearing for the petitioner would submit that in the appeals, they have entered into compromise and on that basis, compromise decree came to be passed by this Court on 03.10.2001 and subsequently, a suit was filed by the petitioner in O.S.No.501 of 2009 and the other side has filed another suit in O.S.No.643 of 2009 and common judgment came to be passed in favour of the petitioner. He would further submit that the respondents 3 and 4, who are the strangers, have been interfering with the petitioner's peaceful possession and enjoyment of the property and that therefore the petitioner was constrained to lodge a complaint for police protection.

3. The learned Government Advocate (Criminal Side) appearing 2/4

for the respondents 1 and 2 would submit that the petitioner's representation is pending before the second respondent.

4. Considering the above, the second respondent is directed to issue notice to the petitioner as well as to the private respondents and conduct enquiry and take a decision, taking note of the judgment passed by the competent civil Court, within a period of two weeks from the date of receipt of a copy of this order.

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

21.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Commissioner of Police, Office of the Commissioner of Police, Madurai.

2.The Inspector of Police, Southgate Police Station, Madurai.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 21.10.2024 4/4