Mr.Rajappan vs The Commissioner Of Police
2023 Latest Caselaw 11720 Mad

                                                                               Crl.O.P.No.20035 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 01.9.2023

                                                         CORAM

                              THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.20035 of 2023

                     Mr.Rajappan                                              ...Petitioner
                                                           Vs.
                     1.The Commissioner of Police,
                       O/o the Commissioner of Police,
                       Avadi Commissionerate,
                       Avadi, Chennai-54.

                     2.The Inspector of Police,
                       Land Disputes Prevention Cell,
                       CCB, Avadi Commissionerate,
                       Chennai-54.

                     3.The Inspector of Police (L&O),
                       T-5, Thiruverkadu Police Station,
                       Thiruverkadu, Chennai-77.                              ...Respondents


                                  Criminal Original Petition under Section 482 of the Criminal
                     Procedure Code to direct the third respondent to give necessary police
                     protection to the petitioner in erecting fence and develop structure over the
                     property.


                     1/4




https://www.mhc.tn.gov.in/judis
                                                                                     Crl.O.P.No.20035 of 2023

                                        For Petitioner     :   Mr.R.Gunasekaran
                                        For Respondents :      Mr.A.Damodaran
                                                               Additional Public Prosecutor


                                                            ORDER

This Petition has been filed seeking to direct the third respondent to

give necessary police protection to the petitioner in erecting fence and

develop structure over the property.

2. Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor appearing for the respondents.

3. The learned Additional Public Prosecutor appearing for the

respondents submitted that on the complaint given by the petitioner, a

petition enquiry is pending in C.P.No.1715 of 2023 on the file of the third

respondent and a final decision will be taken on the complaint given by the

petitioner.

4. The third respondent is directed to conduct enquiry in keeping

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20035 of 2023

with the judgment of the Supreme Court of India in the case of Lalitha

Kumari Vs. Government of Uttar Pradesh [reported in 2013 (6) CTC 353]

wherein the Supreme Court has enumerated the nature of cases where

preliminary enquiry can be conducted and has also restricted the period, for

which preliminary enquiry can be conducted. The third respondent is also

directed to complete the enquiry in the case and take a decision within a

period of two (2) weeks from the date of receipt of a copy of this order.

With the above direction, this Criminal Original Petition is disposed

of.

01.9.2023 Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No To

1.The Commissioner of Police, O/o the Commissioner of Police, Avadi Commissionerate, Avadi, Chennai-54.

2.The Inspector of Police, Land Disputes Prevention Cell, CCB, Avadi Commissionerate, Chennai-54.

3.The Inspector of Police (L&O), T-5, Thiruverkadu Police Station, Thiruverkadu, Chennai-77.

4.The Public Prosecutor, High Court of Madras.

N.ANAND VENKATESH, J

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20035 of 2023

gm

Crl.O.P.No.20035 of 2023

01.9.2023

https://www.mhc.tn.gov.in/judis