Madras High Court
N.Madheswarn vs The Superintendent Of Police on 9 December, 2021
CRL.O.P.No.23020 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :09.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.23020 of 2021
N.Madheswarn
S/o, Natesan ... petitioner
Versus
1. The Superintendent of Police,
Namakkal District,
Namakkal.
2. The Inspector of Police,
Tiruchengode Town Police Station,
Namakkal District.
3. M/s.Aditya Birla Finance Limited,
Rep by its Manager,
Having its Branch office at
258/4, 3rd Floor,
Sri Vaari Shopping Mall,
New Bus Stand Road,
Meiyyanur,
Salem District – 636 004.
Page No.1 of 5
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CRL.O.P.No.23020 of 2021
4. ICICI Bank Limited,
Rep by its Manager,
Having its Branch Office at
37/D, Sri Krishna Complex,
Salem Main Road,
Edapadi,
Salem District – 637 101. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the 1st and 2nd respondents to give
police protection to the life and limb of the petitioner and his property by
considering the petitioner's complaint dated 26.10.2021.
For Petitioner : Mr.M.Guruprasad
For R1 & R2 : Mr.E.Raj Thilak
Additional Public Prosecutor
*****
JUDGMENT
This Criminal Original Petition has been filed to direct the 1st and
2nd respondents to give police protection to the life and limb of the
petitioner and his property by considering the petitioner's complaint
dated 26.10.2021.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.23020 of 2021
2. The grievance of the petitioner is that he had taken loan from the
respondents 3 and 4 /financial company, based on property security. As
there had been default in loan payment, respondents 3 and 4 are taking
law into their own hands by engaging local goons and trespassed into
the petitioner's property and placed a display board in his property
informing property belong to them without following any procedure.
Thereafter, the petitioner made a representation to the first and second
respondents to take action against respondents 3 and 4. Though the
petitioner has given complaint on 26.10.2021, no action has been taken
by the respondent police. Hence the petition.
3. Learned Additional Public Prosecutor appearing for the official
respondents would submit that the petitioner's complaint was forwarded
by the Superintendent of Police, Namakkal to the second respondent
police in C.No.116 of 2021 on 16.11.2021. The petitioner as well as the
respondents 3 and 4 were called for enquiry. Respondents 3 and 4 agreed
agave undertaking that they will not trespass into the petitioner's property
and the display board in the petitioner's property would be removed.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.23020 of 2021
Further, the respondents 3 and 4 gave an undertaking that as against the
default in payment of the loan amount, proceedings under the SARFAESI
Act will be initiated. In the event of respondent 3 and 4 not removing the
notice board, the same to be removed by the petitioner. The notice board
placed is without any sanction of law.
4. Recording the same, the Criminal Original Petition is disposed
of.
09.12.2021
Index: Yes/No
Internet: Yes/No
mfa
To
1. The Superintendent of Police,
Namakkal District,
Namakkal.
2. The Inspector of Police,
Tiruchengode Town Police Station,
Namakkal District.
3. The Public Prosecutor,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.23020 of 2021
M.NIRMAL KUMAR, J.
mfa
CRL.O.P.No.23020 of 2021
09.12.2021
https://www.mhc.tn.gov.in/judis
