M.Srinivasan v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl. O.P. No.9261 of 2022 M. Srinivasan

...Petitioner

Vs

1. The Superintendent of Police Cuddalore District and Taluk Cuddalore 607 001.

2. The Inspector of Police E 1 Panruti Police Station Panruti 607 106.

3. Deivanayagam

4. Kalaivani

5. Malarvizhi

6. Pushpa

7. Poovaraghavan

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the first and second respondents to provide necessary Police protection to the petitioner and his family members, whenever required against the respondents 3 to 7 based on his representations dated 11/2/2022, 25/2/2022 and 22/3/2022. For Petitioner ...

Mr.Ashok Menon For respondents ...

Mr.A.Gokulakrishnan Additional Public Prosecutor for R.R.1 and 2 No appearance for R.R.3 to 7.

O R D E R

This Criminal Original Petition has been filed to direct the first and second respondents to provide necessary Police protection to the petitioner and his family members, based on his representations, dated 11/2/2022, 25/2/2022 and 22/3/2022.

2. Heard Mr.Ashok Menon, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the first and second respondents. There is no representation on the side of the respondents 3 to 7.

3. The main contention of the learned counsel appearing for the petitioner is that despite registration of 3 First Information Reports against the respondents 3 to 7, no action has been taken by the second respondent Police. During the submissions and on perusal of the records what comes to be known is that the respondents 3 to 7 are none other than the own brothers of the petitioner. Petitioner is a practising lawyer and a suit which is filed for partition is pending. When there is a rival claim over the immovable property and the partition suit is pending, this Court is of the considered view that a blanket for Police protection cannot be granted.

4. Accordingly, this Criminal Original Petition is dismissed. The petitioner is directed to work out his remedy before the appropriate Civil Court. As far as First Information Report is concerned, Police shall conduct fair investigation and proceed, as per law and file a final report, as expeditiously as possible.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mvs.

To

1. The Superintendent of Police Cuddalore District and Taluk Cuddalore 607 001.

2. The Inspector of Police E 1 Panruti Police Station Panruti 607 106.

3. The Public Prosecutor High Court, Chennai.

+3ccs to Mr.Ashok Menon, Advocate, S.R.No.36671 Crl. O.P. No. 9261 of 2022 SSN[co] NSK/29/06/2022