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S.K.Munusamy vs State Through

Madras High Court|28 August, 2009

JUDGMENT / ORDER

The petitioner has filed the above petition to pass an order of direction directing the respondents to provide police protection to the petitioner on his complaint/representation dated 21.07.2007.
2. The petitioner submits that the Land in Survey No.86/3, New Survey No.422/2 and 422/3, patta numbers in 536 and 671 of Shoolagiri Village, Hosur Taluk, Krishnagiri District, originally belonged to one Smt.Pathiyamma of Shoolagiri. Over the said Land, there was a civil dispute between the said Pathiyamma and Swami naidu and others. The dispute was taken up in Civil Courts finally the said Pathiyamma won the case and took possession through Court. After that, she sold the property to the petitioner under registered sale deed dated 28.07.1987. Patta also was transferred in the name of the petitioner. After all these years, the said Venkatasalu and his supporters encroached the petitioner's property and threatened the petitioner to finish him of if he comes near the property. The said Vekatasalu and others brought some henchmen to his property and threatened him in this regard. The petitioner lodged a complaint on 22.06.2007. The 1st respondent police also issued a CSR on 23.06.2007. The respondent police advised the petitioner to approach the Civil Court since the matter is Civil in nature.
3. Thereafter, the petitioner has sent a copy of the complaint to the Superintendent of Police, Krishnagiri on 23.06.2007. The 2nd respondent is not at all considering his complaint, and the respondent have not registered the F.I.R, since it was a cognizable offence. The accused are politically powerful people and have money power and muscle power. Thereafter, the petitioner filed Criminal O.P.No.18998 of 2007 before this Honourable Court to direct the respondent for registering the case.
4. Thereafter, the case was registered in Crime No.325 of 2007 on an alleged offence under Sections 147,148,341,447 and 506(1) of I.P.C. However, the 1st respondent refused to give him police protection in spite of repeated threats by the accused through their Hooligans. The enmity between the petitioner and accused has been existing for over 30 years. This has also been brought to the notice of the 1st respondent. Further, the petitioner has alleged that the first respondent police arrested only 2 persons and the rest of the accused were not arrested. It shows that respondent Police did not take effective steps on the said Criminal case against the accused.
5. The petitioner has filed six documents, in support of his case. Considering the entire facts of the case, the Court is of the view that police protection cannot be granted to the petitioner as is not C.S.KARNAN, J mra required. Since, the Criminal Case is pending on the file of respondent Police also, who being dutiful police officers to maintain Law & order, knows how to protect the people. As such, the petition is not entertained. Accordingly, the petition is dismissed.
mra To
1. The Inspector of Police, Shoolagiri, Hosur Taluk, Krishnagiri District.
2. The Superintendent of Police, Krishnagiri District Krishnagiri.
3. The Public Prosecutor, High Court, Madras
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Title

S.K.Munusamy vs State Through

Court

Madras High Court

JudgmentDate
28 August, 2009