Madras High CourtCRL OP(MD)/6392/2019dismissed

Velusamy, v. The Superintendent Of Police

2021-12-02Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6392 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6392 of 2019 Velusamy ... Petitioner Vs.

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

2. State rep.by The Inspector of Police, M.Kallupatti Police Station, Madurai District.

3. Ponnammal,

4. Pandi

5. Senthan @ Subburaj

6. Suresh

7. Rajeswari

8. Punitha

9. Selvi 10.Sureka 11.Prabakaran 12.Seeniammal ... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first and second respondents to provide adequate police protection to the life and limb of the petitioner and his family from the threat given by the third to twelfth respondents.

For Petitioner : Mr.V.Sankaranarayanan For R1 & R2 : Mr.R.Sivakumar, Government Advocate(Crl.side)

ORDER

This criminal original petition has been filed to direct the first and second respondents to provide adequate police protection to the life and limb of the petitioner and his family from the threat given by the third to twelfth respondents. 2.Today, when the matter is taken up for hearing, the learned Government Advocate(Crl.side) appearing for the first and second respondent would submit that it is a case and counter case. The entire CD file was also produced. It shows that based on the complaint given by the petitioner, a case in Cr.No.52 of 2019 for https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6392 of 2019 the offence under Sections 147, 148, 323, 324 and 109 IPC has been registered as against the five and other persons. The date of occurrence was mentioned as 16.04.2019. Similarly, on the basis of the complaint given by one Rajeswari, who is the seventh respondent herein, for the occurrence taken place on 16.04.2019, a case in Cr.No.52 of 2019 has been registered as against the six persons including this petitioner for the offence under Sections 147, 148, 323, 324, 355, 379, 506(ii) IPC and Section 4 of TNPWH Act. 3.Since it is a case and counter case, granting of police protection to one party may not arise. Therefore, I do not find any merits in this petition and it deserves dismissal. Accordingly, this criminal original petition is dismissed.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 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.

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

2. The Inspector of Police, M.Kallupatti Police Station, Madurai District.

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

Crl.O.P.(MD)No.6392 of 2019 02.12.2021 USK (14.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2