Madras High Court
Sahul Hameed vs State Rep.Through on 9 December, 2022
Crl.O.P.(MD)No.21735 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.12.2022
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.21735 of 2022
Sahul Hameed : Petitioner
Vs.
1.State rep.through
The Superintendent of Police,
Tenkasi, Tenkasi District.
2.State rep. Through
The Inspector of Police,
Tenkasi Police Station,
Tenkasi District.
3.Nizamudeen
4.Diwakathar
5.Salman Mohaideen @ Salmankan
6.Kaboor Ali : Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to direct the respondents 1 and 2 to give police
protection for the petitioner's life and limb, for using peaceful enjoyment
of property in Re.S.No.757, measuring to an extent of 1 cent at Vanam
1/6
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Crl.O.P.(MD)No.21735 of 2022
Kaal, Tenkasi Village and Taluk, Tenkasi District on the basis of her suit
decreed in her favour in O.S.No.251 of 2020 before the District Munsif
Court, Tenkasi and the petitioner's representation, dated 01.12.2022.
For Petitioner : Mr.M.Murugan,
For R1 & R2 : Mr.R.Sivakumar,
Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., to direct the respondents 1 and 2 to give police protection
for the petitioner's life and limb, for using peaceful enjoyment of
property in Re.S.No.757, measuring to an extent of 1 cent at Vanam
Kaal, Tenkasi Village and Taluk, Tenkasi District on the basis of her suit
decreed in her favour in O.S.No.251 of 2020 before the District Munsif
Court, Tenkasi and the petitioner's representation, dated 01.12.2022.
2.It is evident from the records that the petitioner has filed a civil
suit in O.S.No.251 of 2020 against the third respondent and two others
for permanent injunction, restraining the first defendant and his men
from in any manner evicting the petitioner or from interfering with the
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Crl.O.P.(MD)No.21735 of 2022
peaceful possession and enjoyment of the property and the learned
District Munsif, has passed the judgment, dated 23.09.2022, granting
permanent injunction as prayed for.
3.The learned counsel for the petitioner would submit that since
the third respondent along with his men has started to interfere with the
petitioner's peaceful possession, he was constrained to lodge the
complaint and on that basis, FIR came to be registered in Crime No.107
of 2021, dated 24.02.2021 against the respondents 4 to 6, for the offences
under Sections 294(b), 427, 342 and 506(i) IPC.
4. The learned Government Advocate (Criminal Side) appearing
for the State would submit that after completing the investigation, charge
sheet has been filed and the case was disposed of.
5.The learned counsel for the petitioner would further submit that
after disposal of the case, the fourth respondent has again disturbed the
petitioner's possession and hence, the petitioner was constrained to give
representation, dated 01.12.2022, but, no action has been taken so far.
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Crl.O.P.(MD)No.21735 of 2022
6. The learned Government Advocate (Criminal Side) appearing
for the State would submit that the representation was received only on
07.12.2022 and the same is pending.
7. Recording the submission made by both sides, the second
respondent is directed to consider the petitioner's representation, dated
01.12.2022 and take suitable action within a period of two weeks from
the date of receipt of copy of this order.
8.With the above directions, this Criminal Original Petition is
disposed of.
09.12.2022
Index : Yes / No
Internet : Yes / No
das
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Crl.O.P.(MD)No.21735 of 2022
To
1.The Superintendent of Police,
Tenkasi, Tenkasi District.
2.State rep. Through
The Inspector of Police,
Tenkasi Police Station,
Tenkasi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.21735 of 2022
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.21735 of 2022
Dated: 09.12.2022
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