Madras High CourtCRL OP(MD)/4677/2019disposed of

M.Muthupandi v. The Superintendent Of Police

2019-04-01Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.4677 of 2019 M.Muthupandi ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District. 2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

3.V.Packiyasamy ... Respondents PRAYER: Criminal Original Petition is 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 running the tea shop peacefully without any interference from the 3rd respondent and his men situated at Madurai By Pass Road, Muthalagupatti, Dindigul District.

For Petitioner : Mr.A.K.Manickam For R-1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondents 1 and 2 to provide police protection to the petitioner for running the tea shop peacefully without any interference from the 3rd respondent and his men situated at Madurai By Pass Road, Muthalagupatti, Dindigul District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first and second respondents.

3. The learned counsel appearing for the petitioner submitted that a complaint was preferred by the petitioner and that since no action has been taken, the petitioner approached this Court seeking police protection.

4. The learned Additional Public Prosecutor submitted that the petitioner has filed a suit in O.S.No.70 of 2019 before the District Munsif Court, Dindigul and the same is pending. https://hcservices.ecourts.gov.in/hcservices/

5. Inasmuch as the civil dispute is pending, it is imperative

that the petitioner works out his remedy before the civil Court. Sofar as protecting his life, limb and liberty is concerned, the petitioner is now directed to prefer a fresh complaint / representation to the second respondent and on such fresh complaint, the second respondent shall cause such necessary enquiry in the complaint filed by the petitioner and take such appropriate decision as may be necessary to protect the life, limb and liberty of the petitioner.

6. With the above direction, this Criminal Original Petition is disposed of.

7. It is made clear that this Court does not order granting of police protection (24 x 7) and the second respondent is left to decide on the basis of the objective assessment of the threat perception of the petitioner from time to time. Sd/- Assistant Registrar (cs-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

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

+1cc to Mr.A.K.Manickam, Advocate, SR.No.58182 Crl.O.P.(MD)No.4677 of 2019 01.04.2019 SP/29.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/