T.Gunaseelan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.5989 of 2024 T.Gunaseelan ... Petitioner Vs

1. The Superintendent of Police, Office of Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Thalavaipuram Police Station, Thalavaipuram, Virudhunagar District.

3. Gnanasamuthiram

4. Kadalkanni

5. Jeyaraj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 1st respondent to direct the 2nd Respondent to give necessary Police Protection for the Petitioner for his life and limbs by considering the Petitioner's representation, dated 30.03.2024, within the period stipulated by this Court.

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For Petitioner : Mr. A.Haja Mohideen For Respondents: Mr.T.Senthil Kumar (R1,2) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed by the petitioner seeking police protection.

2.The learned counsel for the petitioner submitted that when the petitioner tried to clean the property, the respondents 3 to 5 attempted to assault him and his family members.

3.The learned Additional Public Prosecutor submitted that it is a civil dispute between the parties and both the petitioner and the respondents 3 to 5 are claiming the title over the property. 4.If there is any title dispute over the property or if the respondents 3 to 5 are causing disturbance to the possession and enjoyment of the property, the petitioner can work out his remedy before the Civil Court by way of filing a suit for injunction or declaration. If the 2/5

respondents 3 to 5 have committed any criminal offence, he can file a criminal case against the offenders. If he is aggrieved by any refusal on the part of the Station House Officer in taking the complaint, he may seek remedy either before the Superintendent of Police under Section 154(3) of Cr.P.C or before the concerned Magistrate under Section 156(3) of Cr.P.C. 5.With the above directions, this Criminal Original Petition stands closed with a liberty to the petitioner to work out his remedy, in the manner known to law.

22.04.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No PNM 3/5

To

1. The Superintendent of Police, Office of Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Thalavaipuram Police Station, Thalavaipuram, Virudhunagar District.

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

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B.PUGALENDHI , J.

PNM ORDER IN CRL.O.P (MD) No.5989 of 2024 22.04.2024 5/5