A. Baskar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN A.Baskar ... Petitioner Vs.

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

2. The Inspector of Police, Thirupathur Police Station, Thirupathur, Thirupathur District.

3. R.Yogalakshmi

4. B.Jagan Prasath 5.A.Ramanan 6 .R.Aravindan

7. G.Dhandapani

8. S.Marudhu

9. Srinivasan 10.Vijay ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondents 1 and 2 to grant police protection to the petitioner and his family members and the subject house bearing S.No.166/5 part and 167/3, Door No.2, HIG Phase-I, Tamil Nadu Housing Board,Thriupathur Town, Thriupathur District on the basis of his complaint dated 10.09.2023.

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For Petitioner : Mr.R.Krishnan for M/s.V.Balaji For Respondents for RR1 & 2 : Mr.S.Udaya Kumar, Govt. Advocate (Crl. Side) for RR3&4 : Mr.C.Gunasekaran for RR5,6,8&9 : Mr.M.Himavanth

O R D E R

The petitioner seeks police protection to him, his family members and the subject house based on his complaint dated 10.09.2023.

2. The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 submits that there is a serious title dispute pending between the parties and therefore, the Executive Magistrate has initiated proceedings under Section 107 Cr.P.C. and the same is pending.

3. The contesting private respondents are also present and they stated that civil suit and writ petitions were filed regarding the subject property. However, the petitioner herein filed this petition suppressing the above facts.

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4. This Court, while considering as to whether the petitioner requires police protection or not, is not inclined to look into the other aspects, which are now contested by the parties. Having taken note of the disturbances to the public peace and tranquillity and the Executive Magistrate's proceedings under Section 107 Cr.P.C., which is pending, at this stage it is not appropriate for the petitioner to seek police protection to enjoy the property. Hence, the petition is dismissed.

10.11.2023 Index : Yes/No pvs To 1.1. The Superintendent of Police, Thirupathur, Thirupathur District.

2. The Inspector of Police, Thirupathur Police Station, Thirupathur, Thirupathur District.

3.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN, J.

pvs 10.11.2023 4/4