Madras High CourtCRL OP(MD)/3022/2023disposed of

A.Alagarsamy v. The Superintendent Of Police

2023-02-16Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR A.Alagarsamy ... Petitioner/ Complainant Vs.

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

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

3.Perumal 4.Lakshmi 5.Ramar 6.Murugeshwari ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 herein to provide adequate police protection to the life and limb of the petitioner on the basis of the petitioner's representation dated 13.02.2023. 1/4

For Petitioner : Mr.P.Vetrivel 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 respondents 1 and 2 herein to provide adequate police protection to the life and limb of the petitioner on the basis of the petitioner's representation dated 13.02.2023.

2. Admittedly, the third respondent is the brother and the fourth respondent is the sister of the petitioner.

3. 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, CSR.No.77 of 2023 came to be registered and during enquiry, the third respondent has given a statement that they will take necessary steps to survey the property. 2/4

4. As rightly pointed out by the learned Government Advocate (Criminal Side), there existed property dispute between the family members.

5. 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 stands disposed of. 16.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

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

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

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

3/4

K.MURALI SHANKAR,J.

csm Order made in Dated: 16.02.2023 4/4