Madras High CourtCRL OP(MD)/7035/2019dismissed as infructuous

M.Gopi, v. The Superintendent Of Police

2021-11-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.7035 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.7035 of 2019 M.Gopi S/o.Mohanraj ... Petitioner Vs.

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

2.The Sub Inspector of Police, Sanarpatti Police Station, Sanarpatti, Dindigul District.

3.Paramaraj S/o.Ayyalu Naidu 4.Muthulakshmi W/o.Paramaraj 5.Iniyan Prakash S/o.Paramaraj 6.Nanthini D/o.Paramaraj ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents Nos.1 and 2 to give adequate Police protection for the life, limb and property of the petitioner situated at Dindigul District, Thavasimadai Village in S.F.Nos.194/1B and 180/2.

For Petitioner : Mr.S.Karthick Subramanian For R1 and R2 : Mr.R.Sivakumar Government Advocate(Crl.side)

O R D E R

This petition has been filed seeking police protection on the basis of the representation dated 27.12.2019. 2.When the matter is taken up for hearing, learned Government Advocate(Crl.side) submitted that based upon the representation given by the petitioner, enquiry was undertaken in CSR.No.226 of 2019 and during the course of enquiry, it was found that it is a civil dispute between the parties and in respect of the civil dispute a suit in O.S.No.269 of 2007 has been filed before the Civil Court and the same was dismissed on 15.03.2019. When the private https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7035 of 2019 respondent removed the standing trees, a complaint was given and was also registered in Crime No.332 of 2018. Based upon which the above said incident he has given a representation seeking police protection. During the course of enquiry, the petitioner himself appeared before the Enquiry Officer and gave a statement that since a suit is pending between them, he will workout their remedy in the pending civil proceedings. The private respondent also has given a statement that against the judgment passed in O.S.No.269 of 2007, he is going to file appeal. So far no appeal has been preferred. But however, it has been closed on the basis of the undertaking given by the petitioner.

3.Since civil suit is pending before the concerned Court, the parties to work out their remedy in the above said suit. No further adjudication or direction can be given in this matter. 4.With the above observation and liberty, this Criminal Original Petition is dismissed as infructuous . Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) tta 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 Superintendent of Police, Dindigul District,Dindigul.

2.The Sub Inspector of Police, Sanarpatti Police Station, Sanarpatti, Dindigul District.

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

Crl.O.P.(MD)No.7035 of 2019 23.11.2021 NSN(CO) KB(20.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2