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Madras High CourtCRL OP(MD)/2224/2023dismissed

K.Muthukumar v. The Superintendent Of Police

2023-02-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR K.Muthukumar ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

3.Thangam 4.Raju 5.Kulandaisamy 6.Marimuthu 7.Manikandan 8.Murugesan 9.Thangam 10.Panju ... Respondents 1/4

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent to provide adequate police protection to the petitioner for his life and limb on the basis of the petitioner's representation dated 27.01.2023. For Petitioner : Mr.C.Ganesh Kumar For R1 & R2 : 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 second respondent to provide adequate police protection to the petitioner for his life and limb on the basis of the petitioner's representation dated 27.01.2023.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the petitioner, the petitioner and the private respondents were directed to appear and in pursuance of the same, they had appeared and that the private respondents represented that they are claiming rights over the 2/4

property and they will produce the necessary documents in the next hearing.

3. As per the representation of the learned Government Advocate (Criminal Side), it is evident that there existed property dispute between the petitioner 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 petitioner's rights and remedies, this Criminal Original Petition is dismissed.

03.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

3/4

K.MURALI SHANKAR,J.

csm Order made in Dated: 03.02.2023 4/4