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2025 DAILYLAW 135802 (MAD)

Sarvadeen.S.A v. The State of Tamilnadu

CRL OP(MD)/7666/2025 · 2025-04-25

P Dhanabal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.OP(MD) NO.7666 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025 CORAM: THE HONOURABLE MR.JUSTICE P.DHANABAL CRL.O.P(MD) No.7666 of 2025 Sarvadeen.S.A ... Petitioner Vs 1. The State of Tamil Nadu, Represented by the Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District. 2. The Sub Inspector of Police, Office of the Sub Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District. 3. Hidayathullah, Proprietor of Atheep Cotton Waste Cloths, Odai Street, Sivakasi, Virudhunagar District. ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to issue a direction, directing the 2nd respondent to provide a police protection to the petitioner and the petitioner would like to put a check point to the above said persons illegal steps by way of consider the petitioner's representation dated 19.04.2025. Page No. 1 of 4 https://www.mhc.tn.gov.in/judis CRL.OP(MD) NO.7666 of 2025 For petitioner : Mr.P.Nageshwari For R1 & R2 : Mr. M.Sakthi Kumar Government Advocate (Crl side) O R D E R This petition has been filed by the petitioner to direct the 2nd respondent to provide police protection to the petitioner by considering the petitioner's representation dated 19.04.2025. 2. The learned counsel appearing for the petitioner would submit that there is a dispute between the petitioner and the 3rd respondent in respect of encroachment of property and thereby, the petitioner received life threat from the 3rd respondent. Therefore, he sent a representation for police protection before the 2nd respondent, but no action was taken. Hence this petition. 3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 and 2 would submit that the petitioner sent a representation as against his neighbour for the property dispute and the same is under enquiry. They will conduct enquiry and take appropriate Page No. 2 of 4 https://www.mhc.tn.gov.in/judis CRL.OP(MD) NO.7666 of 2025 action in accordance with law. 4. Considering the prayer sought for in this petition, this Court even without issuing notice to the 3rd respondent inclined to pass orders in this petition. 5. According to the petitioner, the 3rd respondent has encroached the property and threatened the petitioner with dire consequences and caused life threat and thereby, he sent the representation dated 19.04.2025 before the 2nd respondent. The 2nd respondent has also admitted the receipt of the representation and the same is under enquiry. Therefore, this Court directs the 2nd respondent to consider the representation of the petitioner dated 19.04.2025 and take appropriate action in accordance with law after affording an opportunity to both the parties. 6. With the above said observation and direction, this Criminal Original Petition is disposed of. 25.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 3 of 4 https://www.mhc.tn.gov.in/judis CRL.OP(MD) NO.7666 of 2025 P.DHANABAL,J Mac To 1. The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District. 2. The Sub Inspector of Police, Office of the Sub Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRL.O.P(MD) No.7666 of 2025 25.04.2025 Page No. 4 of 4 https://www.mhc.tn.gov.in/judis