C.Saravanakumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2022

CORAM

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

1.The Superintendent of Police, Theni District, Theni.

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

3.C.Jeyaraj ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent police to provide adequate police protection to the petitioner's life and limb and for carrying out agricultural works in his land by considering the petitioner's representation dated 05.11.2022.

For Petitioner : Mr.C.Sivanathamurthi For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondent police to provide adequate police protection to the petitioner's life and limb and for carrying out agricultural works in his land by considering the petitioner's representation dated 05.11.2022.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3. The learned counsel appearing for the petitioner would submit that the petitioner has filed a suit in O.S.No.47 of 2013 for permanent injunction restraining the third respondent and his men to cause any hindrance/trespassing into the petitioner's property and that the learned District Munsif Judge, after full-fledged trial, has decreed the suit on 28.09.2022 in favour of the petitioner. He would further submit that since the third respondent has attempted to interfere, the petitioner was constrained to file a complaint before the first respondent and the same 2/4

was forwarded to the second respondent and that the third respondent after receiving the summons had appeared before the second respondent and after enquiry, the complaint was ordered to be closed.

4. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the petitioner, enquiry was conducted and the same was ordered to be closed.

5. Since the petitioner has got a decree from the competent Court, the order of the second respondent in closing the complaint is not in accordance with law and the second respondent is directed to reconsider the petitioner's complaint and pass orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

6. With the above directions, this Criminal Original Petition stands disposed of.

16.12.2022 Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Theni District, Theni.

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

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

Order made in Dated: 16.12.2022 4/4