Madras High CourtCRL OP(MD)/298/2019dismissed

U. Ponnuchamy v. The Superintendent Of Police

2019-07-10Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.298 of 2019 U.Ponnuchamy ... Petitioner Vs.

1. The Superintendent of Police Tirunelveli District Tirunelveli

2. The Inspector of Police Puliankudi Police Station Tirunelveli District 3.Anthonisamy 4.Sesu 5.Michael ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 1 and 2 to provide adequate police protection for the lives and limbs of the petitioner and his family members based on the complaint dated 15.10.2018. For Petitioner : Mr.K.Sankar For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking a direction to the respondents 1 and 2 to provide adequate police protection for the lives and limbs of the petitioner and his family members. 2.The grievance of the petitioner is that there was a civil dispute between the petitioner and the respondents 3 to 5. Earlier, the petitioner has given a complaint against the respondents 3 to 5 and based on the complaint, the second respondent police registered a case. Even after registering the case, the respondents 3 to 5 are threatening the petitioner and giving life threat to the petitioner. Hence, the present Criminal Original Petition has been filed. 3.Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl.

Side), appearing for the respondents 1 and 2, on instructions, would submit that based on the complaint given by the petitioner, a crime has been registered against the respondents 3 to 5. Likewise another crime also registered against the petitioner, based on the complaint given by the respondents 3 to 5. Both are enquired by the second respondent police and the complaint given by the petitioner https://hcservices.ecourts.gov.

has been referred as 'mistake of fact' and thereafter, a final report has been filed against the petitioner and the same is pending before the concerned Court.

4.Considering the fact that already the complaint given by the petitioner was referred as 'mistake of fact' and a final report has been filed by respondent police, there is no valid reason to give police protection, and there is no merit in this case. Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police Tirunelveli District Tirunelveli 2.The Inspector of Police Puliankudi Police Station Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.K.SANKAR, Advocate ( SR-75013[F] dated 12/07/2019 ) Crl.O.P.(MD)No.298 of 2019 10.07.2019 msa MK (25.07.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/