Madras High CourtCRL OP(MD)/9632/2021dismissed

Subbiah @ Sorimuthu v. The Superintendent Of Police

2021-11-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.9632 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.9632 of 2021 Subbiah @ Sorimuthu ... Petitioner Vs.

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

2.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

3.Kannan 4.Madasamy ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent to provide adequate police protection for life and limb of the petitioner on the basis of the petitioner's representation dated 26.06.2021 preferred by the petitioner in accordance with law.

For Petitioner : Mr.M.Sankar For Respondents : Mr.M.Veeranthiran, Govt. Advocate (Crl. Side) for R1 & R2.

: Mr.S.Loga nathan for R3 & R4.

O R D E R

This criminal original petition has been filed seeking grant of police protection.

2.The petitioner states that he is being restrained by the private respondents from entering his own land. If that be so, the only remedy open to the petitioner is to file an injunction suit. When the petitioner is not having an enforceable order of the civil https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.9632 of 2021 Court in his favour, the question of invoking section 482 of CrPC does not arise at all. Leaving open the petitioner's rights, remedies and contentions, this criminal original petition is dismissed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

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

2.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

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

+1 CC to M/s.S. LOGANANTHAN, Advocate( SR-35522[F] dated 23/11/2021 ) Crl.O.P(MD)No.9632 of 2021 22.11.2021 MGJ(08.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2