Kannan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.O.P.(MD) No.7042 of 2023 Kannan ... Petitioner Vs.

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

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

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to provide police protection for the petitioner's life and limb and his property situated at Kalathur, Sukkampatti Village, Vedasandur Taluk, Dindigul District, on the basis of the representation, dated 05.04.2023.

For Petitioner : Mr.L.Prabhu For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor 1/4

O RDER This petition is filed to direct the second respondent to provide police protection for the petitioner's life and limb and his property situated at Kalathur, Sukkampatti Village, Vedasandur Taluk, Dindigul District, on the basis of the representation, dated 05.04.2023.

2. On the side of the petitioner, it is stated that earlier some accused attacked the family members of the petitioner and they demolished the house of the petitioner and the F.I.R was registered against them in crime No.58 of 2022. When the petitioner tried to construct the house, again, the accused are creating problem and life threat to the petitioner and his family members and prayed for police protection.

3. On the side of the prosecution, it is stated that a civil suit in O.S.No.37 of 2022 is pending before the District Munsif cum Judicial Magistrate, Vedasandur and since civil case is pending for declaration and injunction, the police cannot interfere in this matter. 2/4

4. By way of reply, on the side of the petitioner, it is stated that there is no stay order granted by the Civil Court and the petitioner is having all the revenue records in his favour and prayed for police protection.

5. The dispute is civil in nature and a civil case is pending between the parties. In the above circumstances, police protection cannot be granted. Hence, this Petition is dismissed. NCC : Yes/No Index : Yes/No 18.04.2023 Ls To 1.The Superintendent of Police, Dindigul District, Dindigul.

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

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R.THARANI. J.

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

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