Madras High CourtCRL OP(MD)/3879/2023dismissed

Rathika v. The Superintendent Of Police

2023-03-01Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2023

CORAM

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

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

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

3.Manoharapandian ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 to give adequate police protection to the petitioner's life and limb at the time of fencing her property.

For Petitioner : Mr.K.Sathishkumar For R1 and R2 : Mr.SS.Madhavan, Government Advocate (Criminal Side) 1/4

ORDER

This Criminal Original Petition filed, under Section 482 Cr.P.C., seeking orders, to direct the respondents 1 and 2 to give adequate police protection to the petitioner's life and limb at the time of fencing her property.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that the Village Administrative Officer, Malaikandan Village, Karaikudi Taluk, Sivagangai District, has given a complaint alleging that the petitioner despite the removal of her encroachments, has been encroaching again and again and that necessary action may be taken against her and on that basis C.S.R.No.65 of 2023 came to be registered against her.

3. Considering the submission made by the learned Government Advocate (Criminal Side), it appears that there existed civil dispute between the petitioner and the third respondent. Admittedly, there is no enforceable decree or order from the jurisdictional civil Court and as 2/4

such, 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.

01.03.2023 NCC : Yes/No Index : Yes / No Internet :Yes / No das To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

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

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 01.03.2023 4/4