Madras High CourtCRL OP(MD)/6844/2020disposed of

P.Sekar v. The Sub Inspector Of Police

2020-07-17Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.6844 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.6844 of 2020 P.Sekar ... Petitioner Vs.

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

2.The State rep.by its Sub-Inspector of Police, Villoor Police Station, Kalligudi Taluk, Madurai District.

3.Periyakaruppan 4.Mathiyaselvi 5.Mahalingam ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to issue a direction to the first respondent police to give adequate police protection to the petitioner life and limb and enjoyment of the property in accordance with his representation dated 10.06.2020.

For Petitioner : Mr.P.Gokulnaath For R1 & R2 : Mr.S.Chandrasekar Additional Public Prosecutor For R3 to R5 : No Appearance

O R D E R

This criminal original petition has been filed seeking a direction to direct the first and second respondents Police to give adequate police protection to the petitioner's life and limb. 2.The learned counsel appearing for the petitioner would submit that though the petitioner was related with the respondents 3 to 5, they are having civil dispute in respect to the land comprised in survey Nos.11/3L2, 11/3M1, 11/3M2, 11/3C2A2, 11/3FP1P, 11/3P12. Due to the above dispute, the fifth respondent on 23.03.2020, assaulted the petitioner and thereafter, based on the complaint given by the petitioner, a case has been registered in crime No.58 of 2020 for the offence under Sections 294(b) and 324 IPC. He would further submit that in the said circumstances, since residential house of the petitioner and the respondents 3 to 5 are situated in the same village, necessary police protection has to be given to the petitioner for protecting his life and limb.

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Crl.O.P.(MD)No.6844 of 2020 3.The learned Additional Public Prosecutor appearing for the first and second respondents would submit that the petitioner is having the civil dispute with the respondents 3 to 5. Due to which, the fifth respondent assaulted the petitioner and caused injury and thereafter, based on the compliant given by the petitioner, a case has been registered in crime No.58 of 2020 against the respondents 3 to 5. He would further submit that if necessary, sufficient police protection will be given to the petitioner.

4.Upon considering the arguments advanced by the learned counsel appearing on either side, it is not in dispute that the second respondent police took action against the fifth respondent for the assault committed by him towards the petitioner. Considering the fact that the respondent police is willing to give sufficient police protection, if necessary, no further order is required in this petition. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) gns 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, Madurai District, Madurai.

2.The Sub-Inspector of Police, Villoor Police Station, Kalligudi Taluk, Madurai District.

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

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