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Madras High CourtCRL OP(MD)/8389/2019dismissed

Muthathal, v. The Superintendent Of Police

2019-06-18Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.8389 of 2019 Muthathal : Petitioner

Versus

1. The Superintendant of Police, Sivagangai District, Sivagangai.

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

: Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the second respondent to provide adequate Police protection for her life and limb of the petitioner and her property on the basis of her complaint dated 15.05.2019. For Petitioner : Mr.A.Muralikumar For R-1 & R-2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) *******

O R D E R

This petition has been filed seeking for a direction to the the second respondent to provide adequate Police protection for her life and limb of the petitioner and also to her property on the basis of the petitioner's complaint dated 15.05.2019. 2.The grievance of the petitioner is that there is a civil dispute pending between the petitioner and the third respondent. The third respondent is none other than the brother of the petitioner's husband. Due to civil dispute, the third respondent made life threat to the petitioner and her family members. Hence, the petitioner made a complaint before the first and second respondent Police. Since no action was taken by the respondent Police, the petitioner has filed this present petition. 3.Today, when the matter was taken up for hearing, Mr.K.

Suyambulinga Bharathi, learned Government Advocate (Crl. side) appearing for the State, on instructions, submitted that, already there was a complaint before the second respondent Police against the third respondent and the complaint has been enquired and after the enquiry, the same was closed. Again, the similar complaint has been filed by the petitioner herein. https://hcservices.ecourts.gov.

4.Considering the facts and circumstance of the case and also considering the fact that the based on the similar complaint, enquiry has been conducted and complaint has been closed, this Court is of the view that, at this stage, the prayer sought for by the petitioner, cannot be granted. However, since it is a civil dispute between the petitioner and the third respondent herein, the petitioner is directed to approach the appropriate civil forum to work out his remedy in the manner known to law. 5.The Criminal Original Petition stands dismissed with the above observations.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Tsg To

1. The Superintendant of Police, Sivagangai District, Sivagangai.

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

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

Order made in Crl.O.P.(MD) No.8389 of 2019 Dated: 18.06.2019 KS(03.07.2019) 2 P 4 C https://hcservices.ecourts.gov.in/hcservices/