Ganeshamoorthy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL Ganeshmoorthy .. Petitioner Vs.
1. The Superintendent of Police Office of the Superintendent of Police Thanjavur District
2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Orathanadu Sub Division Thanjavur District
3. The Inspector of Police Thiruvonam Police Station Thanjavur District
4. Periyathambi
5. Sathyamoorthy
6. Rajasekar
7. Muthukumar .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct respondents.1 to 3 to provide adequate police protection to the petitioner and his family member on the basis of the petitioner's representation dated 10.04.2024 in accordance with law within the time stipulated by this Court.
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For Petitioner : Mr.R.Alagumani For Respondents : Mr.M.Sakthi Kumar No.1 to 3 Government Advocate(Crl.Side) No.4 to 7 : Mr. K.R.Manimaran
ORDER
This Criminal Original Petition has been filed by the petitioner to to direct respondents.1 to 3 to provide adequate police protection to the petitioner and his family member on the basis of the petitioner's representation dated 10.04.2024 in accordance with law within the time stipulated by this Court.
2. The learned counsel appearing for the petitioner would submit that the petitioner received life threat from the respondents 4 to 7 due to property dispute and thereby he sent a complaint dated 10.04.2024 but no action was taken, therefore filed this present petition.
3. The learned counsel appearing for the respondents 4 to 7 would submit that there is a civil dispute pending between the parties in respect of property and suit in O.S. No.141 of 2024 on the file of the District Munsif Court, Orathanadu and the same is pending. Whileo for the 2/5
disputed property police protection cannot be granted and hence he prayed for dismissal of the petition.
4. The learned Government Advocate(Crl.Side) appearing for the respondents 1 to 3 would submit that already the representation of the petitioner was considered and First Information Report was registered in Crime No.116 of 2024 and thereby nothing survives for further adjudication in this petition. More over there is a property dispute pending between the petitioner and the private respondents. Further for property dispute police protection cannot be granted and unless the dispute has been decided by the competent civil Court.
5. Considering the prayer sought for in the petition and already representation of the petitioner was considered and First Information Report has been registered in Crime No. 116 of 2024 and there is a civil dispute pending between the parties in respect of property police protection cannot be granted to the petitioner. However if any criminal activities done by the private respondents the petitioner can approach the third respondent by way of specific complaint. 3/5
6. Recording the same, the Criminal Original Petition stands closed. 15.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To
1. The Superintendent of Police Office of the Superintendent of Police Thanjavur District
2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Orathanadu Sub Division Thanjavur District
3. The Inspector of Police Thiruvonam Police Station Thanjavur District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J.
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