C.Adaikalam, S/O.Chinnapan, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.17970 of 2018 C.Adaikalam .. Petitioner Vs

1. The Superintendent of Police, Cuddalore District, Tamil Nadu.

2. The Deputy Superintendent of Police, Sethiathope, Cuddalore District, Tamil Nadu.

3. The Inspector of Police, Cholatharam Police Station, Cholatharam, Cuddalore.

4. Chinnapparaj .. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to provide protection to the petitioner and his family and to give protection to his dwelling as placed by a representation of the petitioner dated 22.05.2018.

For Petitioner : Mr.P.G.Thiyagu For Respondents : Ms.Kritika Kamal (for R1 to R3) Govt. Advocate [Crl. Side]

O R D E R

This Criminal Original Petition has been filed to direct the respondents to provide police protection based on his representation dated 22.05.2018.

2.Heard the learned counsel for the petitioner and the learned Government Advocate [Crl. Side] appearing for the respondents 1 to 3.

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3.It is the case of the petitioner that at the request of the 4th respondent, who had lent money to one Paramsan, a property was mortgaged by Paramsan in favour of the petitioner and that, the mortgage deed is in the custody of the 4th respondent. Since some dispute arose between the petitioner and the 4th respondent, it is alleged by the petitioner that the 4th respondent is threatening and intimidating the petitioner. Therefore, the petitioner is before this Court seeking police protection.

4.In the opinion of this Court, in a case of this nature where there are civil dispute between the parties, blanket order of police protection cannot be granted, especially when the facts are in dispute. However, the Police shall ensure that no harm befalls the petitioner and that, the petitioner may work out his remedies before the civil Court in accordance with law. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gya To

1. The Inspector of Police, Central Crime Branch, Vepery, Chennai.

2. The Deputy Superintendent of Police, Central Bureau of Investigation, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.G.Thiyagu, Advocate, S.R.No.46489 CRL.OP.No.17970 of 2018 NMI(CO) CS/25/07/18 https://hcservices.ecourts.gov.in/hcservices/