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Madras High CourtCRL OP(MD)/18714/2024disposed of

Chellaiah v. The Superintendent Of Police

2024-10-29Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Chellaiah ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul District.

3.Gautham 4.Praveen 5.Surya 6.Ravichandran 7.Viswa 8.Nathan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 B.N.S.S., to direct the second respondent herein to provide adequate police 1/6

protection to the life and limb of the petitioner and his family members on the basis of his representation dated 26.09.2024 within the time stipulated by this Court.

For Petitioner : Mr.B.Jameelarasu For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed seeking orders to direct the second respondent to provide adequate police protection to the life and limb of the petitioner and his family members on the basis of his representation dated 26.09.2024 within the time stipulated by this Court.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner's wife died due to hanging and on that basis, FIR came to be registered in Crime No.308 of 2022 for the offence under Section 306 IPC, due to which, the petitioner's wife family members had trespassed into the house of the petitioner and ransacked his house and attacked the petitioner and his family members and hence, FIR came to be registered 2/6

in Crime No.309 of 2022 and that subsequently on 28.02.2024, the private respondents came to the petitioner's shop and damaged his shop and also attacked the petitioner's father, for which, FIR came to be registered in Crime No.109 of 2024 for the offences under Sections 147, 148, 294(b), 324, 506(1) and 307 IPC. He would further submit that since the private respondents have been continuously attempting to murder the petitioner, the petitioner was constrained to give a representation dated 02.09.2024 for police protection and that the petitioner has again sent a representation dated 26.09.2024 seeking police protection to the respondents.

3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the petitioner's representation dated 02.09.2024 came to be registered in CSR No.869 of 2024 and the same was closed and the representation dated 26.09.2024 is pending.

4. Considering the facts and circumstances, the second respondent is directed to issue notice to the petitioner as well as to the private 3/6

respondents and conduct enquiry and take a decision 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.

29.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul District.

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: 29.10.2024 6/6