Chinnasamy v. State Rep By, The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Chinnasamy .. Petitioner Vs.

The State Represented by:

1.The Superintendent of Police, Office of the District Superintendent of Police, Dharmapuri District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Palacode, Dharmapuri District.

3.The Inspector of Police, Karimangalam Police Station, Karimangalam, Dharmapuri District.

4.Venkatachalam .. Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS, praying to direct the respondents 1 & 2 to provide adequate police protection for the petitioner to resume operations of his juice factory located in Survey No.578/4.

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For Petitioner :

M/s.D.Mario Johnson For RR 1 to 3 :

Mr.A.Gopinath Government Advocate (Crl.Side) For R4 :

No appearance

O R D E R

This petition has been filed seeking police protection for the petitioner to resume operation of the juice shop. 2.It is seen that a civil dispute is pending among the family members with regard to the subject property in O.S.No.130 of 2024 on the file of the Sub Court Palakkodu. That apart, there is already a dispute between the petitioner and his elder brother, namely the 4th respondent herein. Further, a criminal case has been registered in Crime No.271 of 2024 for the offences under Sections 296(B), 115(2), 118(1) and 351(2) of the BNS, 2023. However, the same was closed as mistake of fact on 13.09.2024 by the 3rd respondent.

3.Therefore, the petitioner ought to have approached the Civil Court for appropriate remedy and the direction sought for in this petition cannot be granted by this Court.

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4.In the result, this Criminal Original Petition is dismissed. 24.02.2025 krk Index : Yes / No Internet : Yes / No : Yes / No To The State Represented by:

1.The Superintendent of Police, Office of the District Superintendent of Police, Dharmapuri District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Palacode, Dharmapuri District.

3.The Inspector of Police, Karimangalam Police Station, Karimangalam, Dharmapuri District.

4.The Public Prosecutor, Madras High Court, Chennai.

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G.K.ILANTHIRAIYAN, J.

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