1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2011 CORAM: THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P.(MD).No. 7241 of 2011 M.Sankar ... Petitioner Vs. 1. The Commissioner of Police Trichy 2. The Inspector of Police Sreerangam Police Station Sreerangam, Trichy ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to award adequate police protection to the life and limb of the petitioner and his family members, his property based on the representation to the respondents on 10.06.2011. *** For Petitioner : Mr.R.Ramasamy For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side) O R D E R This Petition has been filed to award adequate police protection to the life and limb of the petitioner and his family members, his property based on the representation to the respondents on 10.06.2011. 2. It is submitted by the learned counsel appearing for the petitioner that the petitioner entered into an agreement of sale in respect of the property with the owner KKV. Annan Srinivasachariar and also obtained possession and was in enjoyment of the same from 01.09.2010. The Vendor, viz., Srinivasachariar died on 08.09.2010 and his son, KKVA.Azhagiya Singarachariar also executed extension of the agreement of sale on 25.11.2010 and thereafter when the petitioner offered to pay the balance sale consideration and requested KKVA.Azhagiya Singarachariar to come and execute the sale deed, the said KKVA.Azhagiya Singarachariar without executing the sale deed, threatened the petitioner. Therefore, the petitioner filed a suit in O.S.No. 87 of 2011 on the file of the District Court, Trichy for specific performance of the agreement of sale and also for injunction restraining the defendants from alienating https://hcservices.ecourts.gov.in/hcservices/ 2 the property and the injunction was granted and on coming to know that the said KKVA.Azhagiya Singarachariar along with his henchmen attempted to murder the petitioner and his family members, a complaint was given on 10.06.2011 to the respondents and no action has been taken. 3. The learned Government Advocate (Crl. Side) would submit that the matter relates to civil in nature and therefore, no action was taken. 4. According to me, the petitioner has made out a case in his complaint, dated 10.06.2011 and as also stated that he is in possession of the property in pursuant to the agreement of sale and he also filed the suit for specific performance and he was threatened by KKVA.Azhagiya Singarachariar and his henchmen and they also threatened his family members. Therefore, according to me, the complaint given by the petitioner discloses the cognizable offence and hence, the police ought to have taken action on the complaint and they cannot keep the complaint on the ground that it is civil in nature. 5. Hence, the second respondent is directed to take action on the complaint given by the petitioner, dated 10.06.2011 as the complaint discloses the cognizable offence and register a case and take further action in accordance with law. 6. With the above said direction, this Petition is disposed of. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar To 1. The Commissioner of Police Trichy 2. The Inspector of Police Sreerangam Police Station Sreerangam, Trichy 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +One Cc to Mr.R.Ramasamy, Advocate, SR.No.19543 vsg rl/5c – 22.6.2011 Crl.O.P.(MD).No. 7241 of 2011 https://hcservices.ecourts.gov.in/hcservices/