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Madras High CourtCRL OP(MD)/1868/2023dismissed

Senthil Kumar.P v. The Superintendent Of Police

2023-02-01Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR P.Senthil Kumar : Petitioner Vs

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

2. The Deputy Superintendent Of Police, Andipatti, Theni District.

3. The Sub Inspector of Police, Kandamanur Police Station, Theni District.

4. C.Gunasekaran, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the third respondent to provide adequate police protection to life and limb of the petitioner in view of the representation, dated 03.01.2023 and act in accordance with law.

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For Petitioner : Mr.D.Thilagarani For R1 to R3 : Mr.R.Sivakumar Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking a direction to the third respondent to provide adequate police protection to life and limb of the petitioner in view of the representation, dated 03.01.2023. 2.The learned Counsel appearing for the petitioner would submit that the petitioner has entered into a sale agreement with the fourth respondent and that since the fourth respondent failed to perform his part of the contract, he himself filed a suit in O.S.No.77 of 2022 for permanent injunction and his injunction application in I.A.No.01 of 2022 was dismissed by the District Munsif Court, Andipatti. He would further submit that the petitioner has given a representation to the Sub-Registrar and District Registrar concerned, intimating the dismissal of the injunction petition and that since the fourth respondent has been creating trouble to sell the property, the petitioner was constrained to prefer a complaint on 03.01.2023. 2/5

3.As rightly pointed out by the learned Government Advocate (Crl.Side), the petitioner is seeking police protection to sell his property. 4.Admittedly, the petitioner is not having any decree or order obtained from the competent Civil Court, as such, petition for grant of police protection does not arise.

5.With the above observation, this criminal original petition is dismissed.

01.02.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No lr To

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

2. The Deputy Superintendent Of Police, Andipatti, Theni District.

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3. The Sub Inspector of Police, Kandamanur Police Station, Theni District.

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

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K.MURALI SHANKAR , J.

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