T.Dominic Xavier, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.6004 of 2019 T.Dominic Xavier : Petitioner /Vs./ 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Ottapidaram Police Station, Thoothukudi District.

3.S.Sundaram : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Respondents 1 and 2 to give police protection to the Petitioner and his family members life and limb on the basis of the petitioner's complaint dated 03.04.2019. For Petitioner : Mr.I.Robert Chandrakumar For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner seeks protection to his life, limb and liberty from the threat of the third respondent, who is the father-in-law of the petitioner.

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

3. The learned counsel appearing for the petitioner submitted that the petitioner entered into a sale agreement with his fatherin-law for the purchase of a certain property and has instituted a suit in O.S.No.7 of 2019 seeking specific enforcement of the contract. Be that as it may, the third respondent now poses threat to the petitioner.

4. The learned Additional Public Prosecutor submitted that both the petitioner and the third respondent have preferred complaints and those are being enquired.

5. If the complaints disclose any dispute of civil nature, the Investigating Agency should step aside. So far as the complaint of the petitioner is concerned, the second respondent is directed to https://hcservices.ecourts.gov.in/hcservices/

cause such necessary enquiry on the complaint filed by the petitioner and take such appropriate decision as may be necessary to protect the life, limb, liberty and right to property of the petitioner. It is made clear that this Court does not order granting of police protection 24 x 7 and the third respondent is left to decide on the basis of the objective assessment of the threat perception of the petitioner from time to time.

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

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) sm To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Ottapidaram Police Station, Thoothukudi District.

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

+1 CC to M/s.I.ROBERT CHANDRAKUMAR, Advocate SR-62812. Crl.O.P.[MD]No.6004 of 2019 25.04.2019 CS (30/05/2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/