P.M.Chandrasekaran, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL OP(MD).No. 6449 of 2019 P.M. Chandrasekaran ...

Petitioner Vs.

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

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

3. P. Sandhana Durai ...

Respondents PRAYER: This Petition filed under Section 482 of Criminal Procedure Code to direct the respondents-1 & 2 to provide adequate police protection to the petitioner and his family members, as per the representation, dated 11.04.2019.

For Petitioner : Mr.V. Muruganandam For Respondents-1 & 2 : Mr. K.K. Rama Krishnan Additional Public Prosecutor ***

ORDER

This Criminal Original Petition has been filed seeking direction to the respondents-1 & 2 to provide adequate police protection to the petitioner and his family members.

2. According to the petitioner, there is a civil dispute between the petitioner and the 3rd respondent and a civil suit in O.S. No.16 of 2017 is also pending between the parties before the District Munsif Court, Kodaikanal. Pending the civil suit, the 3rd respondent gives trouble to the petitioner. Hence, the petitioner has preferred a complaint, dated 11.04.2019 before the respondents-1 & 2 and in the above said complaint, no action has been taken. Pending complaint, once again the petitioner preferred the another complaint on 12.04.2019 and the same is still pending before the respondents-1 & 2. Hence, the present Criminal Original Petition has been filed.

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3. Today, when the matter is taken up for hearing, Mr.K.K.Rama Krishnan, learned Additional Public Prosecutor appearing

for the respondents-1 & 2, on instructions, submitted that based on the complaint given by the petitioner, an enquiry has been conducted and in the said enquiry, the petitioner himself has appeared and given a statement that, since it is a civil dispute, it may be referred to the concerned Executive Magistrate to take appropriate action under Section 145 Cr.P.C., and also produced a copy of the statement. After enquiry, the complaint given by the petitioner has been closed by the 2nd respondent, by his order, dated 03.05.2019 directing the petitioner to approach the concerned Executive Magistrate, since it is a civil dispute.

4. Considering the facts of the complaint given by the petitioner has already been closed. Apart from that, it is only civil dispute between the parties, the relief sought for by the petitioner cannot be granted.

5. With the above observation, this Criminal Original Petition stands closed.

Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To

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

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

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

+1 CC to M/s.V.MURUGANANDAM, Advocate SR-66726. CRL OP(MD).No. 6449 of 2019 03.06.2019 CS: (14/06/2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/