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Madras High CourtCRL OP(MD)/9060/2019dismissed

T. Subash v. The Superintendent Of Police,

2019-06-27Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.9060 of 2019 T.Subash ... Petitioner Vs.

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

2.The Inspector of Police, Karungal Police Station, Karungal, Kanyakumari District.

3.Gopalakrishnan 4.Veenu 5.Joyal

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 1 and 2 to give adequate police protection for starting up the constructions work of Maria Ice Plant which belongs to the petitioner.

For Petitioner : Mr.J.Thomas Raja Durai For R-1 & R-2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the respondents 1 and 2 to give adequate police protection for starting up the constructions work of Maria Ice Plant which belongs to the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3.According to the petitioner, he proposed to construct an Ice manufacturing factory. But the respondents 3 to 5 are interfering with the petitioner's possession and demanding money from the petitioner. In the above circumstances, the petitioner has https://hcservices.ecourts.gov.in/hcservices/

approached the second respondent Police seeking for Police protection.

But his complaint was not considered by the respondents, the petitioner has filed this present Criminal Original Petition.

4.Today, when the matter was taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the State on instructions, submitted that based on the complaint given by the petitioner, the Revenue Divisional Officer, Padmanabhapuram has already initiated the proceedings under section 107 of the Criminal Procedure Code and show cause notices have been issued to the parties under Section 111 of the Criminal Procedure Code and the matter is now pending before the learned Executive Magistrate, Padmanabhapuram.

5.Considering the above circumstances, at this stage, the prayer sought for by the petitioner cannot be granted. The Criminal Original Petition stands dismissed accordingly. Sd/- Assistant Registrar (AD-II) / True Copy / Sub Assistant Registrar(CS- ) Tsg To 1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Inspector of Police, Karungal Police Station, Karungal, Kanyakumari District.

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

+1 CC to M/s.J.THOMASRAJA DURAI, Advocate ( SR-71954[F] dated 27/06/2019 ) Crl.O.P.(MD)No.9060 of 2019 27.06.2019 ES/19.07.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/