Madras High CourtCRL OP(MD)/18902/2018disposed of

Monchi Gounder v. The Superintendent Of Police

2018-10-25Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.18902 of 2018 Monchi Gounder : Petitioner Vs.

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

2.The Sub-Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Trichy District.

3.Gnanam : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to give police protection to the petitioner and his family members based on the complaint given by the petitioner 28.09.2018. For Petitioner : Mr.G.Gomathi Shankar For R1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal side)

ORDER

This Criminal Original Petition has been filed for a direction to the second respondent to give police protection to the petitioner and his family members based on the complaint given by the petitioner dated 28.09.2018.

2.Heard the learned Government Advocate (Criminal Side) for the official respondents.

3.The learned counsel for the petitioner would submit that there is a constant harassment and threaten by the accused persons asking exorbitant interest and there is a serious threat to the petitioner and his family members. 4.This Court is of the considered view that a petition for seeking police protection will not maintainable in this case. If the accused persons are claiming exorbitant interest, action can be taken against them only in accordance with law. If the petitioner has given a complaint to the respondent police and the respondent police have not registered F.I.R., it is left open to the petitioner to approach the concerned Magistrate Court by filing a petition under Section 156 (3) of Criminal Procedure Code.

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5.This Criminal Original Petition is disposed of by giving liberty to the petitioner.

Sd/- Assistant Registrar(writs) /True Copy/ Sub Assistant Registrar(cs-II) To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Sub-Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Trichy District.

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

+1cc to Mr.G.Gomathi Shankar Advocate in SR.No.91748 Crl.O.P.[MD].No.18902 of 2018 25.10.2018 DAS NM SU SAR2 28.11.2018 2P 5C https://hcservices.ecourts.gov.in/hcservices/