S. Kannan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 11.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.82 of 2017 S.Kannan ... Petitioner -Vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Taluk Police Station, Aruppukkottai, Virudhunagar District.

3.Sakthivel 4.Karuppasamy ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to directing the second respondent to give police protection to the petitioner, his wife, and their minor daughter life and limb from the respondents 3 and 4 and their henchmen based on the representation dated 29.12.2016.

For Petitioner :

Mr.R.Murugappan For Respondents :

Mr.K.K.Ramakrishnan Additional Public prosecutor

ORDER

This petition has been filed seeking a direction to the second respondent to give police protection to the petitioner and his family members, based on the representation given by the petitioner, dated 29.12.2016.

2.The grievance of the petitioner is that he is the owner of the house in Door No.1524, Rajiv Nagar, Bharathiyar Street, kattakanchanayanpatti, Aruppukottai Taluk, Virudhunagar District and the respondents 3 and 4 are trying to evict the petitioner. Hence, he filed a complaint before the respondent police. After conducting enquiry, the respondent police filed a final report before the concerned Magistrate Court. Now, the petitioner has filed a protest petition before the Magistrate Court and the same is https://hcservices.ecourts.gov.in/hcservices/

pending and he has also filed a civil suit against the respondents 3 and 4. Despite the same, the respondents 3 and 4 are interfering with the possession and threatening him. Hence, the present petition has been filed.

3. The learned Additional Public Prosecutor on instructions would submit that earlier, the petitioner has filed a complaint against the respondents 3 and 4 and it was investigated by the second respondent police and after investigation, negative final report has been filed before the concerned Magistrate and it is only a civil dispute between the parties and the police cannot interfere with the same.

4.Considering the fact that the civil dispute is pending between the parties and the earlier complaint given by the petitioner also referred and the matter is pending before the concerned Judicial Magistrate, the relief sought for by the petitioner cannot be granted at this stage. Accordingly, this criminal original petition is dismissed.

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS- ) To:

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

2.The Inspector of Police, Taluk Police Station, Aruppukkottai, Virudhunagar District.

Crl.O.P.(MD).No.82 of 2017 11.06.2019 vsg/akv ES/04.07.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/