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Madras High CourtCRL OP(MD)/17522/2019dismissed as infructuous

J. Ajmal Khan S/O Jamal Mydeen v. The Superintendent Of Police

2022-02-10Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN J.Ajmal Khan ... Petitioner Vs.

1.The Superintendent of Police, O/o the Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, O/o of the Inspector of Police, Melur Police Station, Madurai District.

4.Santhos Khan ... Respondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, directing the 3rd respondent to provide adequate police protection to the petitioner and his wife life and limb by considering the petitioner's representation dated 06.11.2019.

For Petitioner : Mr.S.M.A.Jinnah For R1 to R3 : Mr.SS.Madhavan Government Advocate (Crl.Side)

O R D E R

This petition is filed seeking direction to direct the third respondent to provide adequate police protection to the petitioner and his family members, on the basis of the petitioner's representation, dated 06.11.2019.

2.The case of the petitioner is that on the basis of the settlement deed executed by his father, he was given 7.5 acres of land. Similarly, his elder brother was also, who is the fourth 1/3

respondent herein. The fourth respondent, trespassed into the land of the petitioner and made trouble. On the basis of the above said trouble, the petitioner made a representation before the police. But, that was not considered.

3.The learned Government Advocate (Crl.Side) would submit that the petitioner did not appear before the Enquiry Officer for enquiry. But, whereas, the fourth respondent appeared and given a statement to the effect that he will not make any trouble to the petitioner in respect of the property and if any trouble arises between them, he will workout his remedy through appropriate proceedings. Based upon the undertaking given by the fourth respondent, the representation given by the petitioner came to be closed.

4.In view of the undertaking given by the fourth respondent, nothing survives for further consideration or direction in this petition. If any trouble arises, the petitioner may workout his remedy through appropriate proceedings.

5.With the above said liberty, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) dss To 1.The Superintendent of Police, O/o the Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, O/o of the Inspector of Police, Melur Police Station, Madurai District.

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

10.02.2022 SB(CO) GC(23.02.2022) 3P 5C 3/3