Sadhanatham v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE R.HEMALATHA Sadhanatham ... Petitioner Vs.

1.The Commissioner of Police Madurai, Madurai District.

2.The Inspector of Police Anna Nagar Police Station, Madurai District.

3.Ochammal 4.Ramesh ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2, to provide police protection to the petitioner.

For Petitioner : Mr.G.Hariharan For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

ORDER

The present petition is filed by the petitioner seeking a direction to the respondents 1 and 2 to provide police protection to him.

2. The contention of the petitioner is that he joined a Chit fund run by respondents 3 and 4 and he had so far paid a sum of Rs.4,00,000/-. However, the respondents 3 and 4 refused to repay the said amount to the petitioner and when the petitioner confronted them, they threatened him with dire consequences and also abused him in filthy language and in this regard, the petitioner submitted his representation dated 09.01.2024, to the respondents 1 and 2 through a registered Post. However, the respondents 1 and 2 did not take any action and hence, the petitioner has come up with the present petition seeking police protection to him.

3. Mr.T.Senthil Kumar, learned Additional Public Prosecutor, who accepts notice on behalf of the respondents 1 and 2, on instructions, would submit that the complaint lodged by the petitioner 2/5

was considered by the police and since the dispute between the parties is purely civil in nature, they were advised to file a civil suit.

4. The main contention of the petitioner is that the respondents 3 and 4 are not returning the money paid by him and also threatening him with dire consequences.

5.The petitioner can approach a civil Court for recovery of the amount, since the police after conducting an enquiry had closed the complaint given by the petitioner on the ground that the dispute between the parties is civil in nature. It is not the case of the second respondent or the petitioner that the respondents 3 and 4 had collected money from various depositors and cheated them. In any event, the present petition is filed only for seeking police protection and not for a direction to the police to take action against the respondents 3 and 4. His representation / complaint is also only in this regard.

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6. In such circumstances, the Criminal Original Petition is disposed of.

22.01.2024 Index :Yes/No Internet :Yes/No NCC :Yes/No LS To 1.The Commissioner of Police O/o. The Commissioner of Police, Madurai District 2.The Inspector of Police CCD-III Police Station, Madurai City.

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

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R.HEMALATHA,J.

LS 22.01.2024 5/5