Madras High CourtCRL OP(MD)/7173/2023disposed of

M.Vivek v. The Superintendent Of Police

2023-04-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.7173 of 2023 M.Vivek ... Petitioner Vs.

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

2.The Inspector of Police, Rayappanpatti Police Station, Theni District.

3.R.Rajeswari ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 & 2 herein to provide adequate Police protection to the life and limb of the Petitioner on the basis of the representation given by the Petitioner on 08.04.2023. For Petitioner : Mr.S.Sundarapandian For R1 and R2 : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

O RDER This petition has been filed to direct the respondents 1 & 2 herein to provide adequate Police protection to the life and limb of the Petitioner on the basis of the representation given by the Petitioner on 08.04.2023

2. The learned Additional Public Prosecutor would submit that on the basis of the representation that was made by the petitioner, dated 08.04.2023, enquiry was undertaken by the second respondent in CSR No.617 of 2022. During the course of enquiry, both sides appeared and the private respondents namely the third respondent has given an undertaking that she will vacate the house within three months. On the basis of the above said undertaking, the enquiry was closed on 12.11.2022. Later the complaint given by the petitioner is that even though the property was sold by the third respondent to her, she has not vacated the house.

3. Since already there is an undertaking given by the third respondent to vacate the house within three months, there is no question of granting police protection to the petitioner to execute the above said order. If the third respondent has not complied with the above said 2/4

undertaking given by her, the petitioner is at liberty to workout his remedy through appropriate proceedings.

4. With the above said liberty, this Criminal Original Petition is disposed of.

19.04.20223 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu To 1.The Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Rayappanpatti Police Station, Theni District.

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

3/4

G.ILANGOVAN. J.

Indu 19.04.2023 4/4