Madras High CourtCRL OP(MD)/126/2017dismissed

Jeyakumar, v. The Inspector Of Police,

2019-06-12Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2019

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.126 of 2017 Jeyakumar,

...Petitioner/Aggrieved Person

Versus

1.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

2.Arumugam,

...Respondents/Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District, to award adequate police protection to the petitioner's life and limb in the light of his representation dated 12.12.2016, for enabling him to fence his property, situated in Survey No.260/6B1, measuring to an extent of 1 Acre and 39 Cents, Puliyangulam Village, Kovilpatti Taluk, Thoothukudi District. For Petitioner : Mr.R.Anand For R1 : Mr.K.K.Ramakrishnan Additional Public Prosecutor For R2 : Mr.Lakshmi Gopinathan

O R D E R

This Criminal Original Petition has been filed seeking a direction to the first respondent herein to provide adequate police protection to the petitioner's life and limb, in the light of his representation dated 12.12.2016, for enabling him to fence his property, situated in Survey No.260/6B1, measuring an extent of 1 Acre and 39 Cents, at Puliyangulam Village, Kovilpatti Taluk, Thoothukudi District.

2.According to the petitioner, he is the owner of the above said property. When he tried to fence the said property, the second respondent and one Murugan have objected for the same and caused disturbance to the petitioner. Hence, the present Criminal Original Petition has been filed for the relief stated supra. 3.The learned Additional Public Prosecutor appearing for the first respondent, on instructions, submitted that already the petitioner has given a complaint against the abovesaid persons and https://hcservices.ecourts.gov.in/hcservices/

based on which, an F.I.R. in Crime No.725 of 2016 has been registered against them under Sections 341, 294(b) and 506(ii) IPC and same is under investigation.

4.Considering the fact that it is a civil dispute between the petitioner and the second respondent, the first respondent police cannot give any protection to the petitioner to fence his property. Hence, the relief sought for by the petitioner cannot be granted. Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

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

+1 CC to M/s.R.ANAND, Advocate SR-68640.

Crl.O.P.(MD)No.126 of 2017 12.06.2019 CS: (28/06/2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/