Madras High CourtCRL OP(MD)/149/2021dismissed

B.Saravanan v. The Superintendent Of Police

2021-01-21Honourable Mrs Justice R. Hemalatha2 pages

Crl.OP.(MD)No.149 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2021 CORAM :

THE HONOURABLE MRS. JUSTICE R. HEMALATHA Crl.OP.(MD)No.149 of 2021 B.Saravanan ... Petitioner vs.

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

2. The Deputy Superintendent of Police, Kulithalai, Karur District.

3. The Inspector of Police, Lalapettai Police Station, Kulithalai, Karur District.

4. M.Senthilnathan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to direct the respondents 1 to 3 to give adequate police protection to the life and limb of the petitioner and his family for continuing his business in Shop Nos.1, 2 and 3 at S.No.26A, Door No.2/167, situate at Thimatchipuram Village, Kulithalai Taluk, Karur District, based on the petitioner's representation dated 11.12.2020.

For Petitioner : Mr.G.Balumahendran For R1 to R3 : Mr.A.Robinson Government Advocate (Criminal side) For R4 : Mr.R.Murugappan

ORDER

The present petition is filed by the petitioner seeking for a direction to the respondents 1 to 3 to give adequate police protection to him.

2. The contention of the petitioner is that the fourth respondent, who is his landlord apart from receiving a sum of Rs.8,00,000/- towards rental advance also borrowed a sum of Rs.6,00,000/- from him. His further contention is that he could not run his business in the tenanted premises on account of Covid-19 Pandemic situation and that the fourth respondent adopted https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP.(MD)No.149 of 2021 intimidatory tactics to evict the petitioner from the premises without repaying the amounts received by him. According to him, the complaint lodged by him with the third respondent in this regard evoked no response.

3. Mr.A.Robinson, learned Government Advocate (Criminal Side) who accepts notice for the respondents 1 to 3, on instructions, would contend that the petitioner's complaint dated 06.12.2020 was registered as CSR.No.393 of 2020 of Lalapet Police Station, Karur District and it was closed on 06.01.2021 with an advise to the petitioner and the fourth respondent to approach a competent Civil Court to resolve their dispute. It is also his contention that the petitioner submitted another representation dated 11.12.2020 with the very same allegations.

4. Since the matter in dispute between the parties is civil in nature, the action of the police in closing the complaint lodged by the petitioner cannot be found fault with. Hence, the present petition is dismissed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS- ) 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 Superintendent of Police, Karur District, Karur.

2. The Deputy Superintendant of Police, Kulithalai, Karur District.

3. The Inspector of Police, Lalapettai Police Station, Kulithalai, Karur District.

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

MBI TE : 04/02/2021 : 2P/5C Crl.OP.(MD)No.149 of 2021 21.01.2021 https://hcservices.ecourts.gov.in/hcservices/ 2/2