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Madras High CourtCRL OP(MD)/6479/2023dismissed

K.Ramasamy v. The Superintendent Of Police

2023-04-10Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN K.Ramsasamy ...Petitioner Vs.

1.The Superintendent of Police, Dindigul District. ...1st Respondent 2.The Inspector of Police, Kannivadi Police Station, Dindigul District. ...2nd Respondent 3.M.Usha ...3rd Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, directing the Inspector of Police, Kannivadi Police Station, Dindigul District, the 2nd Respondent to give adequate police protection to the life and limb of the petitioner and at the time of fencing to his property in patta no 2371 in Survey No.12/7B2 and 12/7B3 at Dindigul West, Chatrapatti Village, Dindigul District from the 3rd respondent, based on the representation given by the petitioner dated 20.03.2023.

For Petitioners : Mr.Balaji For Respondents : Mr.B.Nambiselvan for Rr & R2 Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to direct the Inspector of Police, Kannivadi Police Station, Dindigul District, the 2nd Respondent to give adequate police protection to the life and limb of the petitioner and at the time of fencing to his property in patta no 2371 in Survey No.12/7B2 and 12/7B3 at Dindigul West, Chatrapatti Village, Dindigul District from the 3rd respondent, based on the representation given by the petitioner dated 20.03.2023.

2.Seeking police protection at the hands of the second respondent from third respondent, this petition has been filed. On the basis of the representation made by the petitioner, enquiry was undertaken. During the course of enquiry, it was found that it is a civil dispute and suit in O.S.No.386 of 2019 is also pending before the Additional District Munsif, Dindigul. Finding that it is a civil dispute between the parties, they advised them to workout their remedy through appropriate civil proceedings. They have also given an undertaking that they will workout their remedy in the pending suit. Therefore, the enquiry was closed. The civil issue given criminal colour as if threat by the third respondent to the 2/4

life and limb of the petitioner. I find no reason to entertain this petition. This petition deserves to be dismissed.

3.Accordingly, this criminal original petition is dismissed. 10.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Kannivadi Police Station, Dindigul District.

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

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G.ILANGOVAN ,J.

TM 10.04.2023 4/4