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Madras High CourtCRL OP(MD)/4150/2023dismissed

Suria Kumar v. The Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Suria kumar ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Srivilliputtur, Virudhunagar District.

3.The Sub-Inspector of Police, Watrap Police Station, Virudhunagar District.

4.Baby ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the third respondent to provide adequate police protection to the life and limb of the petitioner on the basis of the complaint, dated 17.02.2023.

For Petitioner : Mr.M.Jothi Basu, For R1 to R3 : Mr.SS.Madhavan, Government Advocate (Criminal Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the third respondent to provide adequate police protection to the life and limb of the petitioner on the basis of the complaint, dated 17.02.2023.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) would submit that one K.P.Thirumalai, has filed a suit against the petitioner and his daughter claiming permanent injunction not to interfere with their possession and also not to damage the crops therein. He has also produced the copy of the plaint.

3. It is evident from the records that there existed property dispute between the petitioner and the said K.P.Thirumalai.

4. Admittedly, there is no enforceable decree or order from the jurisdictional civil Court and as such, granting of police protection does 2/4

not arise at all. As of now, leaving open the petitioner's rights and remedies, this Criminal Original Petition is dismissed. 03.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Srivilliputtur, Virudhunagar District.

3.The Sub-Inspector of Police, Watrap Police Station, Virudhunagar District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 03.03.2023 4/4