Madras High CourtCRL OP(MD)/13746/2017dismissed

G.Muthukrishnan, v. The Superintendent Of Police,

2017-10-11Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.13746 of 2017 G.Muthukrishnan : Petitioner -Vs1.The Superintendant of Police, Trichy District.

2.The Deputy Superintendant of Police, Manapparai Circle, Trichy District.

3.The Inspector of Police, Vaiyampatti Police Station, Vaiyampatti.

4.Ramesh : Respondents/Complainants PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 to 3 to provide adequate police protection to the petitioner and his family members to live peacefully in his residence on the basis of the petitioner's representation dated 28.08.2017. For Petitioner : Mr.K. Kevinkaran For Respondents 1 to 3 : Mr.K.S. Duraipandian Additional Public Prosecutor

O R D E R

This petition is filed for issuing a direction to the respondents 1 to 3 to provide adequate police protection to the petitioner and his family members to live peacefully in his residence on the basis of the petitioner's representation dated 28.08.2017.

2. The petitioner seeks direction really not for himself but to protect his right to enjoy the pathway right, which is in dispute. The reading of the complaint clearly disclose that there is a dispute with regard to 20' feet pathway stated to have been enjoyed by the petitioner and the village public. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3.

4. If the complaint is made by the petitioner alleging any physical threat or any other offence as against any individual, the third respondent shall register a complaint and proceed further in accordance with law. However, the petitioner is not entitled to seek for police protection, which is intended only to protect his property rights without resorting to the remedy available before the civil Court to the petitioner.

5. With the above observation, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Superintendant of Police, Trichy District.

2.The Deputy Superintendant of Police, Manapparai Circle, Trichy District.

3.The Inspector of Police, Vaiyampatti Police Station, Vaiyampatti.

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

TRP VB/SKN/RSK/SAR2/30/10/2017/2P/5C CRL.O.P.(MD)No.13746 of 2017 11.10.2017 https://hcservices.ecourts.gov.in/hcservices/