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Madras High CourtCRL OP(MD)/1428/2023dismissed

Dharmaraju v. The Superintendent Of Police

2023-01-25Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Dharmaraju 2.Sellamuthu 3.Sekar 4.Ravichandran 5.Anand 6.Singaravelu 7.Rengasamy ... Petitioners Vs.

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

2.The Revenue Divisional Officer, Revenue Divisional Office, Kulithalai, 3.The Deputy Superintendent of Police, Kulithalai, 1/6

4.The Inspector of Police, Thogamalai Police Station, 5.Ganesan 6.Shanmugam 7.Kalaiselvan 8.Sundarraj 9.Alagesan @ Alagar 10.Sangili ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the fourth respondent to provide police protection to the life and limb of the petitioners and their family members from the respondents 5 to 10 and their henchmen by taking action on the first petitioner's complaint dated 06.01.2023. For Petitioners : Mr.R.Murugappan For R1 to R4 : Mr.SS.Madhavan Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the fourth respondent to provide police protection to the life and limb of the petitioners and their family 2/6

members from the respondents 5 to 10 and their henchmen by taking action on the first petitioner's complaint dated 06.01.2023.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondents 1 to 4.

3. It is seen from the records that the petitioners have filed a petition in Crl.O.P.(MD)No.23081 of 2022 seeking police protection and this Court, considering the submission made by the learned Government Advocate (Criminal Side) that the complaints were referred to the Revenue Tahsildar, Kulithalai, to sort out the issue before the Land Dispute Redressal Committee and recording the same, has disposed of the petition.

4. The petitioners have come again with the above petition seeking similar relief.

5. The learned Government Advocate (Criminal Side) appearing for the respondents 1 to 4 would submit that the matter is pending before the Revenue Tahsildar, Kulithalai.

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6. It is evident from the records that there existed property dispute between the petitioners and the private respondents. Admittedly, there is no enforceable decree or order from the competent civil Court and as such, the granting of police protection does not arise at all. As of now, leaving open the petitioners' rights and remedies, this Criminal Original Petition is dismissed.

25.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 4/6

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

2.The Revenue Divisional Officer, Revenue Divisional Office, Kulithalai, 3.The Deputy Superintendent of Police, Kulithalai, 4.The Inspector of Police, Thogamalai Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

csm Order made in Dated: 25.01.2023 6/6