V.Raju v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP V.Raju ... Petitioner Vs.

1. The Superintendent of Police, Theni District.

2. The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Respondent herein to give police protection to the life and liberty of the Petitioner from the named accused against life threat and criminal intimidation as per the complaint dated 20.09.2023.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal side) 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petitioner seeking direction against the Respondent Police to give police protection to the life and limb of the Petitioner. 2.The learned Counsel for the Petitioner submitted that the Petitioner is a retired Headmaster. He had given a representation to the Respondents No.1 and 2 seeking police protection for his life and limb. The learned Counsel for the Petitioner further submitted that the younger brother of the Petitioner and his son are alleged to have threatened him for enjoying the property without partition. The learned Counsel for the Petitioner also invited the attention of this Court that earlier complaint was given against the very same persons by the another brother and his wife. 3.

The learned Government Advocate (Criminal side) on instructions from the Respondent Police submitted that based on the Petitioner's complaint, the Respondents in the complaint were summoned by the second Respondent herein. Based on the present representation, a case registered as F.I.R.

Respondents No.1 and 2. It is the further submission of the learned Government Advocate (Criminal side) that the Petitioner had to seek remedy through Civil Court, since there is a dispute between them due to enjoyment of the property and not dividing the property among themselves. 4.Considering the submissions made by the learned Counsel for the Petitioner and the learned Government Advocate (Criminal side), the Respondents 1 and 2 are directed to provide police protection in case of any threat held out against the Petitioner by his younger brother and his son. In the meanwhile, the Petitioner is directed to get appropriate relief through the Civil Court, since the F.I.R indicates that there are disputes between the Petitioner and his younger brother regarding enjoyment of the properties without being partitioned.

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

22.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No jbr 3/5

To

1. The Superintendent of Police, Theni District.

2. The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

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

4/5

SATHI KUMAR SUKUMARA KURUP, J., jbr 22.02.2024 5/5