Selvakumari v. The Commissioner Of Police

Crl.O.P(MD)No.57 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.57 of 2022 Selvakumari ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Thirupalai Police Station, Madurai.

3.The Manager, M/s.Sriram City Union Finance Ltd., Sivaandha Salai, Arapalaym, Madurai - 625 016.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st and 2nd respondents to give police protection for life and limb of the petitioner by considering the petitioner's representation dated 24.12.2021. For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2.

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 and 2. 2.The petitioner had availed loan finance from the third respondent for purchasing a vehicle. The case of the petitioner is that she had cleared the principal liability. Since there are some outstanding issues, she also filed a complaint before the jurisdictional consumer forum. The contention of the petitioner's counsel is that when the jurisdictional consumer form is effectively seized of the matter, the financier is attempting to unlawfully seize the vehicle in question. The petitioner therefore wants this Court to grant police protection.

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Crl.O.P(MD)No.57 of 2022 3.I am not persuaded by the said submission. As rightly contended by the learned Government Advocate (Crl. Side), the issue is purely contractual and therefore, the petitioner has to workout her remedy only before the jurisdictional consumer forum. The petitioner is not having any enforceable order or decree from the jurisdictional civil Court or any other Court. Therefore, the question of granting of police protection under Section 482 of CrPC does not arise.

4.Leaving open all the other rights and remedies of the petitioner, this criminal original petition is dismissed. Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Thirupalai Police Station, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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