Madras High CourtCRL OP(MD)/4794/2021dismissed as infructuous

K.Kumar v. The Superintendent Of Police

2021-10-05Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.4794 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.4794 of 2021 1.K.Kumar 2.N.Nagarajan ... Petitioners Vs.

1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Aranthangi Police Station, Pudukottai District.

3.Ramachandran 4.Balashanmugam 5.Saruhasini 6.Rethinam 7.Mariannan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to provide police protection to the petitioners life and liberty by considering the petitioner's representation dated 02.03.2021.

For Petitioner : R.Balakrishnan For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This petition is filed seeking police protection on the basis of the representation dated 02.03.2021. 2.On 28.07.2021, when the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that based upon the representation made by the petitioner, enquiry was undertaken in CSR No.308 of 2021 and finding that the issue involved in the case is civil dispute, the enquiry was closed on 04.05.2021. For the purpose of circulating the closure report, the matter was ordered to be listed today.

3.Today (05.10.2021), copy of the closure report is circulated. Reading of the same shows that during the enquiry, both the parties appeared and gave statement to the effect that there is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4794 of 2021 civil dispute and they will work out their remedy through appropriate civil proceedings and it was also accepted by both sides.

4.However, the learned counsel for the petitioner would submit that even though the representation has been closed, there is allegation of sand theft in the property. Such contention cannot be gone into in this petition filed for the relief of police protection.

5.Since the representation has been closed observing that there is civil dispute, nothing survives for further consideration or direction in this petition. This Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Vrn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Aranthangi Police Station, Pudukottai District.

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

+1 CC to M/s.R.BALAKRISHNAN, Advocate( SR-31421[F] dated 06/10/2021 ) Crl.O.P.(MD)No.4794 of 2021 05.10.2021 MGJ(22.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2