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Madras High CourtCRL OP(MD)/9793/2024dismissed

Mathavan v. The Superintendent Of Police

2024-07-04Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.9793 of 2024 Mathavan ... Petitioner Vs

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

2. The Inspector of Police, R.S Mangalam Police Station, Ramanathapuram District.

3. Albert Raj ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 to give adequate police protection to the petitioner's life and limb and belongings by his complaint dated 14.03.2024.

For Petitioner : Mr. A. Joseph Jerry For R-1 & R-2 : E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O R D E R

This criminal original petition has been filed seeking a direction to the respondent police to give adequate police protection to the petitioner's life and limb.

2. The learned Counsel for the petitioner submits that he is having a land and he is cultivating the sesame seeds. The third respondent is claiming right over the same property and he is also attempting to harvest the crops raised by the petitioner herein.

3. The learned Additional Public Prosecutor on instruction from the respondent police submits that on the same set of facts, the petitioner lodged a complaint before the higher officials and the same was forwarded by the Superintendent of Police to the respondent police for an enquiry. The respondent police has enquired into the matter and the same was closed on 01.03.2024. Thereafter, the petitioner herein has lodged another complaint on 14.03.2024 on the very same set of facts and has filed this application seeking a direction to give police 2/4

protection.

4. The learned Counsel for the petitioner further submits that earlier complaint was lodged at the time of harvesting paddy and the present complaint has been lodged for harvesting the sesame seeds.

5. This Court considered the rival submissions made.

6. For this nature of allegation, the petitioner herein is having a remedy before the civil Court and the respondent police is not expected to interfere in the civil suit. Therefore, this Court is not inclined to entertain this application. Accordingly, this Criminal Original Petition is dismissed.

04.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes jbr 3/4

B.PUGALENDHI,J jbr To

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

2. The Inspector of Police, R.S Mangalam Police Station, Ramanathapuram District.

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

Order made in Crl.O.P.(MD)No.9793 of 2024 04.07.2024 4/4