Disposed

Roshan v. the Superintendent of Police

Madras HC14 Sept 2023CRL OP/21137/2023

Case brief

AI extract

What is this about?

The petitioner sought police protection via an Criminal Original Petition under Section 482 CrPC. The court held that the second respondent must conduct a preliminary enquiry on the pending complaint within two weeks, citing the Supreme Court in Lalitha Kumari, and dispose of it. Regarding police protection, the court directed the response to the enquiry.

What did the court decide?

Directed the second respondent to conduct the enquiry and take a decision within two weeks.

Roshan Vs the Superintendent of Police — Constitutional and Fundamental Rights | Madras HC (2023)

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Criminal Original Petition No.21137 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.09.2023

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Criminal Original Petition No.21137 of 2023

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Roshan,

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S/o.Chidambararaja. represented by his power agent, S.Sellamuthu Kumarasamy, S/o.Sivapunniam

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...Petitioner

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

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2.The Inspector of Police, Keelayur Police Station, Nagapattinam.

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3.Nagooran, S/o.Natesan

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4.Panneer, S/o.Maruthan

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5.Pakkirisamy, S/o.Vaidyalingam

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6.Pethaperumal, S/o.Pakkiri

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

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1/4

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Criminal Original Petition No.21137 of 2023

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7.Jeeve, S/o.Kalimuthu

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8.Saroja, S/o.Krishnamurthy

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9.Theenasangu.

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10.Pavadaidurai, S/o.Natesan

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11.Durai, S/o.Pichaikannu ... Respondents

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PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the respondents 1 and 2 to provide adequate police protection to safeguard the petitioner, petitioner's family members, his employees and his property in S.F.No.115/2, 118/1A, 116/2, 120/1, situated at Esanur Village, Thirukkuvalai Taluk, Nagapattinam by considering the petitioner's representation dated 20.06.2023.

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For Petitioner : Mr.A.V.Raja For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 & R2] *****

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O R D E R

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This Criminal Original Petition has been filed seeking for a direction

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to the respondents 1 and 2 to provide adequate police protection to

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

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2/4

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Criminal Original Petition No.21137 of 2023

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safeguard the petitioner, petitioner's family members, his employees and his property in S.F.No.115/2, 118/1A, 116/2, 120/1, situated at Esanur Village, Thirukkuvalai Taluk, Nagapattinam by considering the petitioner's representation dated 20.06.2023.

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Heard Mr.A.V.Raja, learned counsel for petitioner and Mr.A.Damodaran, l earned Additional Public Prosecutor appearing on behalf of respondents 1 and 2.

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Learned Additional Public Prosecutor appearing for respondents 1 and 2 submitted that on the complaint given by the petitioner, a petition enquiry is pending in CSR No.258 of 2023 on the file of the second respondent police and a final decision will be taken on the complaint given by the petitioner.

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The second respondent is directed to conduct enquiry in keeping with the judgment of the Supreme Court of India in 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

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3/4

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

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Criminal Original Petition No.21137 of 2023

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apd/gm

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N.ANAND VENKATESH, J

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enquiry can be conducted and has also restricted the period, for which preliminary enquiry can be conducted. The second 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.

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With the above direction, this Criminal Original Petition is disposed

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of.

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14.09.2023

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Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No apd/gm To 1.The Superintendent of Police, Nagapattinam District.

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2.The Inspection of Police, Keelayur Police Station, Nagapattinam.

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3.The Public Prosecutor, High Court, Madras.

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Criminal Original Petition No.21137 of 2023

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

Roshan v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Roshan v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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