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Madras High CourtCRL OP/4549/2024disposed of

S.M.Jameel Ahamed v. Superintendent Of Police

2024-02-27Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.M.Jameel Ahamed ... Petitioner Vs.

1.The Superintendent of Police, Tirupattur District, Office of the Superintendent of Police, Tirupattur - 635 601.

2.The Deputy Superintendent of Police, Vaniyambadi Range, Tirupattur District - 635 752.

3.The Inspector of Police, Vaniyambadi Town Police Station, Vaniyambadi, Tirupattur District - 635 751.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the respondents to provide adequate police protection to the petitioner and his business premises based on petitioner's representation.

For Petitioner :

Mr.C.Iyyapparaj for Mr.M.Mohamed Muzammil For Respondents :

Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

This Criminal Original Petition has been filed for a direction to the respondent police to provide police protection to the petitioner based on the representation/complaint made by the petitioner on 09.01.2024 and subsequent complaints.

2. Heard Mr.C.Iyyapparaj, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.

3. It is seen from records that there is already a civil suit pending in O.S.No.5 of 2024 on the file of Principal District Munsif Court, Vaniyambadi and an interlocutory application has also been filed in the suit seeking for interim injunction. In view of the same, the substantive right between the parties will be decided by the civil Court and the police will have no role to play.

3. Learned counsel for petitioner submitted that the interlocutory application is being adjourned from time to time and hence, there is a potential threat that has been exerted by the rival party. 2/4

4. Taking into consideration the facts and circumstances of the case, the relief as sought for by the petitioner cannot be granted for the present. However, considering the nature of dispute that has been raised and the nature of grievance that has been expressed by the petitioner, there shall be a direction to the Principal District Munsif Court, Vaniyambadi, to hear the parties and to dispose of I.A.No.2 of 2024 in O.S.No.5 of 2024 within a period of four (4) weeks. This Criminal Original Petition is disposed of with the above direction.

27.02.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Principal District Munsif Court, Vaniyambadi.

2.The Superintendent of Police, Tirupattur District, Office of the Superintendent of Police, Tirupattur - 635 601.

N.ANAND VENKATESH, J 3/4

gm 3.The Deputy Superintendent of Police, Vaniyambadi Range, Tirupattur District - 635 752.

4.The Inspector of Police, Vaniyambadi Town Police Station, Vaniyambadi, Tirupattur District - 635 751.

5.The Public Prosecutor, High Court, Madras.

27.02.2024 4/4