Mariya Susai v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL Mariya Susai .. Petitioner Vs.
1. The Superintendent of Police Office of the Superintendent of Police Dindigul District
2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Dindigul Rural Sub Division Dindigul District
3. The Inspector of Police Shanarpatti Police Station Dindigul District
4. Savarimuthu
5. Sesuraj
6. Velanganni
7. Selvi
8. Susairaj
9. Arulanantham Baskar 10.Chinnappan .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the third respondent to give necessary police protection to the life and liberty of the petitioner and his family members to the petitioner based on his representation dated 04.02.2025 1/5
For Petitioner : Mr.D.Rajaboopathy For Respondents : Mr.M.Sakthi Kumar No.1 to 3 Government Advocate(Crl.Side)
ORDER
This Criminal Original Petition has been filed to direct the third respondent to give necessary police protection to the life and liberty of the petitioner and his family members to the petitioner based on his representation dated 04.02.2025
2. The learned counsel appearing for the petitioner would submit that there is a property dispute between the petitioner and the private respondents, thereby the private respondents frequently threatened the petitioner and also attempted to interfere with the petitioner's peaceful possession and enjoyment of the property, thereby she sent a representation dated 04.02.2025 but the same has not been considered, hence the present petition is filed.
3. The learned Government Advocate(Crl.Side) appearing for the respondents 1 to 3 would submit that the representation of the petitioner 2/5
dated 04.02.2025 was already considered and the same was closed on 07.03.2025 by advising the parties to approach the civil Court, thereby nothing survives for further adjudication in this petition.
4. At this juncture, the learned counsel appearing for the petitioner in reply submitted that no enquiry was conducted and no summons was issued to the petitioner for enquiry. Without conducting enquiry the petition was closed.
5. This Court also perused the representation of the petitioner. As per the representation the matter is pertaining to the civil dispute since there is dispute pending between the parties in respect of property the police protection cannot be granted unless the parties have executable civil decree in their favour. However if any criminal activities done by the private respondents it is for the petitioner to approach the third respondent in the manner known to law.
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6. With the above direction, the Criminal Original Petition stands disposed of.
11.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To
1. The Superintendent of Police Office of the Superintendent of Police Dindigul District
2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Dindigul Rural Sub Division Dindigul District
3. The Inspector of Police Shanarpatti Police Station Dindigul District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J.
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