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Madras High CourtCRL OP(MD)/6331/2022dismissed

P. Madhupandian v. The Commissioner Of Police

2022-04-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6331 of 2022 P.Madhupandian

...Petitioner

Vs.

1. The Commissioner of Police, Office of the Commissioner of Police, Alagarkovil Road, Madurai-02

2. The Inspector of Police, Karimedu Police Station, Madurai City.

3. P.Saravanan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 2nd respondent to give adequate police protection to the life and limb of the petitioner and his labourers doing the work in the property situated at Door No.45, Puttuthoppu, Madurai city by considering his representation dated 25.03.2022. For Petitioner : Mr.I.Saliyakhan For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor For Respondent : Mr.G.Rajaguru No.3

ORDER

This petition has been filed seeking direction to direct the second respondent to give adequate police protection to the life and limb of the petitioner and his labourers doing the work in the property situated at Door No.45, Puttuthoppu, Madurai city by considering his representation dated 25.03.2022.

2. The learned Additional Public Prosecutor would submit that the petitioner repeatedly lodged complaint and he was issued with CSR Nos.161 of 2019 and 125 of 2022 and both the complaints were closed as all the allegations were civil in nature.

3. The learned counsel appearing for the third respondent would submit that already suits filed are pending in O.S.Nos.99 of 2019 and 125 of 2020 on the file of the VI Additional District Judge, Madurai. In fact, one Vijayalakshmi wife of the third respondent herein has filed a writ petition before this Court in WP(MD)No.5508 of 2019 for a direction directing the police officers to take https://hcservices.ecourts.gov.in/hcservices/

appropriate action as against the private respondents therein for flagrant violation of the statutory provisions and also sought for compensation. This Court has also observed that the private respondents therein were violating the procedures in Cr.P.C. Further the petitioner therein was also awarded with compensation of Rs.50,000/-payable by the police officials. Therefore the petitioner can very well approach the civil Court for appropriate relief and as such the prayer sought for cannot be granted.

4. In the result, the Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Commissioner of Police, Office of the Commissioner of Police, Alagarkovil Road, Madurai-02

2. The Inspector of Police, Karimedu Police Station, Madurai City.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court +1 CC to M/s.G. RAJAGURU, Advocate ( SR-16794[F] dated 06/04/2022 ) +1 CC to M/s.I. SALIYAKHAN, Advocate ( SR-17051[F] dated 07/04/2022 ) Crl.O.P.(MD) No.6331 of 2022 06.04.2022 MGJ(19.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/