Madras High CourtCRL OP(MD)/13309/2018dismissed

Ezhilvendan v. The Superintendent Of Police

2018-07-30Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.13309 of 2018 Ezhilvendan : Petitioner Vs.

1. The State rep by its, The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai, Sivagangai District.

4. The Sub Inspector of Police, Madaguppati Police Station, Madagupatti, Sivagangai District.

5.Panchavarnam 6.Muniammal : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents 1 to 4 to give adequate police protection to the petitioner and his family members from the 5th and 6th respondents and their associates on the basis of the petitioner's complaint dated 23.07.2018.

For Petitioner : Mr.PR.Boomee Rajan For Respondents 1 to 4 : Mr.K.K.Ramakrishnan Additional Pubic Prosecutor

O R D E R

The petitioner is not having an enforceable decree of the Civil Court in his favour. It appears that the contesting respondents filed a suit against the petitioner and the same was dismissed. It appears that even the appeal filed against the dismissal of the suit suffered dismissal for non-prosecution. https://hcservices.ecourts.gov.in/hcservices/

2.Be that as it may, since the petitioner is not having an enforceable decree in his favour, he cannot come to this Court and obtain an order for police protection. Moreover, when the petitioner cannot file an execution petition, he cannot file the present Criminal Original Petition, by invoking Section 482 Cr.P.C. It is for the petitioner to file a suit against the contesting parties and get relief.

3.The Criminal Original Petition is dismissed, accordingly. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar(CS-I) To

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

2. The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai, Sivagangai District.

4. The Sub Inspector of Police, Madaguppati Police Station, Madagupatti, Sivagangai District.

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

Mr MK/MMS/SAR 1/13.08.2018/2P/6C Crl.O.P.(MD)No.13309 of 2018 30.07.2018 https://hcservices.ecourts.gov.in/hcservices/