R.Mathanagopal v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN R.Mathanagopal ... Petitioner Vs.

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

2.The Inspector of Police, Valparai Police Station, Valparai, Coimbatore District.

3.Thanush Krishnan.

... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents 1 and 2 to give adequate police protection to the life and limb of the petitioner and to manage his estate without any disturbance from the 3rd respondent.

For Petitioner : Mr.K.Nagendra Prasad For Respondents : Mr.S.Santhosh, Government Advocate (crl.side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 to give adequate police protection to the life and limb of the petitioner and to manage his estate without any disturbance from the 3rd respondent.

2. The learned counsel for the petitioner submitted that the third respondent is the son of the petitioner. He is physically harming the petitioner repeatedly and also interfering with the management of the tea estate. Already three FIRs have been registered against the third respondent on the basis of the complaint given by the petitioner and despite that the third respondent is repeatedly harming the petitioner and also disturbing his management of tea estate. A representation dated 16.12.2022, however, the same was not considered. Therefore, this petition.

3. The learned Government Advocate (Criminal side) submitted that the petitioner's representation has been received, however, there are civil and criminal litigations are pending between the parties. 2/5

4. It is seen from the order passed in W.P.No.7896 of 2022 that there is a civil dispute between the petitioner, his son/third respondent and some others. Therefore, this Court cannot order any police protection with regard to the management of the tea estate. However, if the third respondent tries to cause any harm to the life and limb of the petitioner, it is the duty of the respondent police to provide necessary protection. In this view of the matter, the respondent police is directed to take appropriate legal action on the representation dated 16.12.2022.

5. With the above direction, this Criminal Original Petition is disposed of.

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To 1.The Superintendent of Police, Coimbatore, Coimbatore District.

2.The Inspector of Police, Valparai Police Station, Valparai, Coimbatore District.

3. The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN ,J.

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