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Madras High CourtCRL OP(MD)/6498/2019dismissed as infructuous

M.Mohammed Ali, v. The Commissioner Of Police,

2021-11-22Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6498 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.6498 of 2019 M.Mohammed Ali ... Petitioner Vs.

1.The Commissioner of Police, Office of Madurai City Police Commissioner, Azhagar Kovil Road, K.Pudur, Madurai - 7.

2.The Inspector of Police, Keeraithurai Police Station, Keeraithurai, Madurai.

... Respondents 1 & 2 3.KVRS.Prabaharan ... 3rd Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the 1st and 2nd respondents to afford adequate and effective police protection to the petitioner and his family members from the illegal attacks, obstruction and life threats from the 3rd respondent herein and their men.

For Petitioner : Mr.R.R.Thamothar Raj For Respondents : Mr.R.Sivakumar for R1 & R2 Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking direction the 1st and 2nd respondents to afford adequate and effective police protection to the petitioner and his family members from the illegal attacks, obstruction and life threats from the 3rd respondent herein and their men.

2.The learned counsel for the petitioner submitted that the petitioner is a tenant under one Jeysekar and who is the brother-inlaw of the third respondent herein. There was some dispute between the third respondent and brother-in-law. Based upon the above said civil dispute between them, the petitioner has been threatened to vacate the premises and life threat also made. Hence a representation has been sent. Since the same was not acted upon, the present petition has been filed.

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Crl.O.P.(MD)No.6498 of 2019 3.The learned Additional Public Prosecutor submitted that based upon the representation made by the petitioner, enquiry was undertaken in C.No.20998 of 2019 and during the course of enquiry, it was found that the third respondent demanded payment of rent. The third respondent also appeared before the Enquiry Officer and had given a statement that he will not make any trouble to the petitioner and workout their remedy through appropriate civil proceedings. It is also seen that a suit in O.S.No.977 of 2012 is also pending between the third respondent and the above said Kirubasekar (correct name is Jeysekar) on the file of the Sub Court, Madurai and the petitioner also given an undertaking that he will workout his remedy in the pending matter. Based upon the undertaking given by the petitioner, it was closed on 03.06.2019. Since the complaint given by the petitioner came to be closed and he has to workout his remedy through proper civil proceedings. 4.With the above said liberty this criminal original petition stands disposed of as infructuous.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Commissioner of Police, Office of Madurai City Police Commissioner, Azhagar Kovil Road, K.Pudur, Madurai - 7.

2.The Inspector of Police, Keeraithurai Police Station, Keeraithurai, Madurai.

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

Crl.O.P.(MD)No.6498 of 2019 22.11.2021 MGJ(01.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2