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Madras High CourtCRL OP(MD)/5140/2023dismissed

Sesuraj v. The Superintendent Of Police

2023-04-12Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Sesuraj ... Petitioner Vs.

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

2.The Inspector of Police, Kannivadi Police Station, Kannivadi, Dindigul District.

3.Arockiam @ Thangaraj, 4.Suresh, ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the R1 and R2 to give adequate police protection for the life and limb of the petitioner based on the representation dated 02.02.2023.

For Petitioner : Mr.S.Krishnan For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 1/4

O R D E R This criminal original petition has been filed seeking to direct the respondents 1 and 2 to give adequate police protection for the life and limb of the petitioner based on the representation dated 02.02.2023. 2.The learned Government Advocate (Crl. Side) would submit that on the basis of the complaint given by this Court, enquiry is undertaken in C.P.No.85 of 2022. During the course of enquiry, it was found that the property over which the dispute arose between the parties is the subject matter matter of a civil suit before the learned District Munsif, Dindigul. Depending upon the outcome of the above said civil process, both the parties agreed to abide by the Judgment of the Civil Court. On the basis of the above said undertaken the above said representation was closed. 3.

Since a suit is pending between the parties before the civil Court, granting of police protection to either of the parties is not proper. It has also been brought to the notice of this Court that Crl.O.P.(MD).No.20100 of 2015 was filed by this petitioner before this Court seeking similar relief that was also dismissed after enquiry.

4.The learned counsel for the third respondent would submit that subsequent to the above said dismissal, he was assaulted, over which a complaint has been given and a case was registered. 5.In view of the above, this petition deserves to be dismissed. Accordingly, dismissed.

12.04.2023 Index : Yes/No Internet : Yes/No TM To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Kannivadi Police Station, Kannivadi, Dindigul District.

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

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G.ILANGOVAN. J.

TM 12.04.2023 4/4