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Madras High CourtCRL OP(MD)/14070/2018dismissed

A.Pandi v. The Superintendent Of Police

2018-08-13Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.14070 of 2018 1.A.Pandi 2.A.Veerappan ... Petitioners Vs 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Chatrapatti Police Station, Madurai-14.

3.A.Palaniyandi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Respondents No.1 to 2 to provide the adequate police protection to ensure the life and limb of the petitioners and his family member's, based on the representation dated 24.07.2018.

For Petitioners : Mr.S.Ayyanar Prem Kumar For R1 & R2 : Mrs.S.Bharathi Government Advocate (Crl.side) For R3 : Mr.M.Rajendran

ORDER

This criminal original petition has been filed seeking for a police protection.

2.The learned Government Advocate (Crl.side) for the respondents 1 and 2 would submit that there is a civil dispute pending between the petitioners and the third respondent. 3.The learned counsel for the third respondent would submit that the third respondent has already given a complaint against these petitioners and the same is pending investigation by the respondent police. That apart, the petitioners are liable to repay back the huge amount that has been received by them from the third respondent towards the sale agreement.

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4.The learned counsel for the third respondent would submit that only in order to get over the liability and the police complaint, this criminal original petition has been filed and it is a clear case of abuse of process of law.

5.The learned counsel for the third respondent would further submit that there is absolutely no danger to the petitioners from the third respondent.

6.It is seen that there is a civil dispute between the petitioners and the third respondent and the same has to be agitated by them before an appropriate Court of competent jurisdiction. That apart, the third respondent has also given a complaint against these petitioners and the same is pending investigation. 7.This Court is not able to find any material to show that the petitioners are facing any threat from the third respondent. There is no ground to grant police protection to the petitioners and accordingly, this criminal original petition stands dismissed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Chatrapatti Police Station, Madurai-14.

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

+1CC to Mr.S.Ayyanar Prem Kumar, Advocate, SR.No. 78705 +1CC to Mr.M.Rajendran, Advocate, SR.No. 78382 CRL.O.P.(MD)No.14070 of 2018 13.08.2018 RMI ES/SKN/RSK/SAR 4/03.09.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/