Venkatachalam v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.10457 of 2022 Venkatachalam ... Petitioner Vs.

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

2. The Inspector of Police, Omalur, Salem District.

3. The Sub-Inspector of Police, Omalur, Salem District.

4. Palanisamy ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., directing the first and second respondents to provide necessary police protection to the petitioner life and his property bearing Survey No.62/1B, Ramireddypatti Village, Omalur Taluk, Salem District to secure the ends of justice. For Petitioner : Mr.K.Panchamurthy No Appearance For R1 to R3 : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the first and second respondents to provide necessary police protection to the petitioner life and his property bearing

Survey NO.62/1B, Ramireddypatti Village, Omalur Taluk, Salem District to secure the ends of justice.

2. There is no representation on behalf of the petitioner.

3. Heard the learned Additional Public Prosecutor appearing for the respondent police and perused the materials available on record.

4. At the outset, this Court is of the view, such a protection cannot be granted particularly, when there is rivalry claim by the other side. The practice of granting the blanket police protection leads to serious consequences. In this aspect, the Hon'ble Apex Court in the case of ''PR.Muralidharan and others Vs. Swami Dharmananda Theertha Padar'' reported in 2006 4 SCC as held as follows:

''...19.A Writ for ''Police Protection" so-called, has only a limited scope, as when the Court is approached for protection of rights declared by a decree or by an order passed by a civil Court. It cannot be extended to cases where rights have not been determined either finally by the civil Court or, at least at an interlocutory stage in an unambiguous manner, and then too in furtherance of the decree or order.''

5. Accordingly, this Criminal Original Petition is dismissed and if so advised, the petitioner is at liberty to approach the Civil Court to workout his remedy.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar rgi/shk To

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

2. The Inspector of Police, Omalur, Salem District.

3. The Sub-Inspector of Police, Omalur, Salem District.

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

Crl.O.P.No.10457 of 2022 NRL(CO) UMA(16/06/2022)