JANAKI AMMAL Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition is filed seeking police protection on the basis of the representation dtd. 28/12/2018.

(2.) The case of the petitioner is that she is living in D.No.27, Mela Devathanam, Trichy on rental basis. The property was originally owned by one Srinivasa Konar, after the death of the said Srinivasa konar, the petitioner paid the rent to his legal heir, namely, Sankarasubramaniam. The said Sankarasubramaniam executed a power of Attorney to one Sambathkumar and Lakshmanan on 2/6/2018. There was sale agreement between the petitioner and Sambathkumar and the petitioner also paid a sum of Rs.10,00,000.00. Later Sankarsubramaniam died. The legal heirs of the said Sankarasubramaniam refused to execute the sale deed and in respect of which, O.S.No.273 of 2018 was filed by Sambathkumar, before the Sub Court, Trichy against the respondents 3 to 5 herein and I.A.No.163 of 2018 was also filed and the same was allowed by the learned Sub Judge. On 14/12/2018, the private respondents along with other unknown persons threatened the petitioner. Hence, he made representation seeking police protection, which was not considered so far. Hence, this petition.

(3.) The learned Additional Public Prosecutor would submit that based upon the representation made by the petitioner, enquiry was undertaken in CP No.12 of 2019 and during the course of enquiry, it was found that it is civil dispute between the parties and in respect of which, suit is also pending. The petitioner gave undertaking that he will appear before the enquiry officer along with records, but later she did not turn up. Finally, she promised to appear before the enquiry officer on 4/1/2019 along with records. But, again she failed to attend. The fourth respondent herein appeared before the enquiry officer and gave a statement to the effect that it is civil dispute and in respect of which, suit is also pending and they will work out their remedy through the civil proceedings and accordingly, it was closed on 12/2/2019.